PURPOSE: This rule complies with sections 610.023 and 610.028, RSMo regarding release of information.
(1) Application of Sunshine Law.
- (A) The Missouri Department of Insurance
(MDI) is a public governmental body under section 610.010(2), RSMo for purposes of meetings. The MDI is conducting a public meeting and meeting as a public governmental body whenever a majority of the employees of the MDI are allowed, invited or required to attend the meeting. Public meetings of the MDI also include rulemaking hearings and contested case hearings before the MDI in its quasi-judicial capacity. Contested case hearings include only those hearings at which the hearing officer of the case presides and of which all parties to the case have notice.
- (B) Neither the director nor any single employee or agent of the MDI shall be considered a public governmental body under section 610.010(2), RSMo for purposes of meetings because a single member body cannot have meetings.
- (C) Notwithstanding any other provision of this rule, a public meeting does not include an informal gathering of members of the MDI for ministerial or social purposes when there is no intent to avoid the purposes of Chapter 610, RSMo.
- (D) Any meeting of the MDI described as a public meeting shall be open to the public, except to the extent of any applicable provision of section 610.021, RSMo. No meeting which is not described in this rule as a public meeting shall be open to the public.
(2) Notice.
- (A) Except as otherwise set forth in this rule, notice of the time, date and place of any meeting open to the public, and its tentative agenda, shall be posted in the reception area to the principal office of the MDI at least twenty-four (24) hours prior to the commencement of the meeting. Copies of the notice shall be made available to any representative of the news media who requests notice of a particular meeting at least twenty-four (24) hours prior to the commencement of the meeting.
- (B) The provisions of subsections 610.020.2, and 3, RSMo shall apply to any meeting not held at the principal office of the MDI or held upon fewer than twenty-four
(24) hours’ notice. 20 CSR 10-2
- (C) Notice of any hearing on a Proposed Rulemaking shall be given by publication in the Missouri Register under section 536.021.2(6), RSMo.
AUTHORITY: sections 374.045, RSMo 1986 and 610.028, RSMo Supp. 1989.* This rule was previously filed as 4 CSR 190- 1.020(2)(A). Original rule filed Nov. 15, 1989, effective Feb. 25, 1990. Amended: Filed Jan. 15, 1992, effective June 25, 1992.
*Original authority: 374.045, RSMo 1967 and 610.0289, RSMo 1982, amended 1987.