PURPOSE: This rule sets forth the commission’s written policy in compliance with sections 610.010.2.— 610.030, RSMo regarding the release of information on any meeting, record or vote of the commission.

1. (1) The commission is a public governmental body as defined in Chapter 610, RSMo and adopts the following as its written policy for compliance with the provisions of that chapter. This policy is open to public inspection and implements the provisions of Chapter 610, RSMo regarding the release of information of any meeting, record or vote of the commission which is not closed pursuant to chapter provisions.
2. (2) All public records of the commission shall be open for inspection and copying by any member of the general public during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, holidays excepted) except for records closed pursuant to section 610.021, RSMo. All public meetings of the commission not closed by provisions of the section will be open to any member of the public.
3. (3) The commission establishes the executive director, or the person designated by the commission to fulfill the duties of the executive director if that position is not filled, as the custodian of its records as required by section 610.023, RSMo. This individual is responsible for maintaining commission records and responding to requests.

4. (4) The commission may charge a reasonable fee for the cost of inspecting and copying the records. The fees charged shall be as follows:

   1. (A) A fee for copying public records shall not exceed the calculated cost of the document search and duplication;
   2. (B) The commission may require payment of the fees prior to making copies; and
   3. (C) Fees collected shall be remitted by the director of the Motor Vehicle Commission to the Director of Revenue for deposit to the credit of the Missouri Motor Vehicle Commission Fund.
5. (5) When the custodian believes requested access is not required under the provisions of Chapter 610, RSMo, the custodian shall consult with the Office of the Attorney General before deciding whether to deny access to the records. If that contact is not practical or is impossible, the custodian may make a decision whether to deny access. However, the custodian shall consult with the Office of the Attorney General within five (5) working days of the decision. When access is denied, the custodian will comply with the requirements in section 610.023, RSMo concerning informing individuals requesting access to the records. The custodian shall supply to commission members copies of the written denial conveyed to the requesting party. In its next meeting the commission shall either affirm or reverse the decision of the custodian. If the commission reverses the decision, the commission shall direct the custodian to advise the requesting party and supply access to the information during regular business hours at the convenience of the requesting party.
6. (6) The custodian shall maintain a file with copies of written requests for access to records and responses to the requests for the current audit period. The file shall be maintained as a public record of the commission open for inspection by any member of the general public during regular business hours.

AUTHORITY: section 301.553, RSMo (Cum. Supp. 1990).* Original rule filed July 10, 1989, effective Sept. 28, 1989. *Original authority 1988, amended 1989, 1993.