Records

PURPOSE: This rule establishes which records are public documents and those which are confidential. The impropriety of commissioners discussing, with the licensee, matters pending before the Administrative Hearing Commission is affirmed. (1) All records kept in the office of the commission, under the authority of the license law shall be open to public inspection under such regulations as the commission may prescribe, provided that records compiled in connection with the investigation of a complaint against a licensee which could result in discipline of the license or compiled for the purpose of processing applications for licensure, are deemed to be confidential and therefore not subject to inspection by the public. (2) It shall be improper for a real estate commissioner to discuss with a licensee or any other person, except members of the commission’s staff or counsel, any matter which is confidential, including one of a disciplinary nature which is pending before the Missouri Real Estate Commission or the Administrative Hearing Commission. AUTHORITY: section 339.120, RSMo Supp. 1993.* This rule originally filed as 4 CSR 250-2.030. Original rule filed Sept. 25, 1975, effective Oct. 15, 1975. Rescinded and readopted: Filed Nov. 14, 1978, effective Feb, 11, 1979. Amended: Filed Feb. 2, 1994, effective Aug. 28, 1994. Moved to 20 CSR 2250-2.030, effective Aug. 28, 2006. *Original authority: 339.120, RSMo 1941, amended 1963, 1967, 1981, 1988, 1993.