PURPOSE: This rule sets forth the written policy in compliance with Chapter 610, RSMo, regarding the release of information on any meeting, record or vote of the Board of Examiners for Hearing Instrument Specialists.

1. (1) The Board of Examiners for Hearing Instrument Specialists, Division of Professional Registration, Department of Economic Development is a public government body as defined in Chapter 610, RSMo, and adopts the following as its written policy for compliance with that chapter. This policy is open to public inspection and implements the provisions in Chapter 610, RSMo, regarding the release of information on any meeting, record or vote of the Board of Examiners for Hearing Instrument Specialists which is not closed under provisions of Chapter 610, RSMo. FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

2. (2) All public records of the office 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 the records closed under section 610.021, RSMo. All public meetings of the board not closed under that section will be open to any member of the public.

   1. (A) The board may charge a reasonable fee for document searches and to copy requested records. The fees charged shall be as follows:

      1. 1. A fee for a document search (re-

search) shall not exceed the actual cost of the document search and shall be established by rule;

1. 2. A fee for copying public records shall

not exceed the actual cost of duplication and shall be established by rule; and

1. 3. All fees collected shall be remitted to

the Department of Revenue for deposit in the State Treasury.

1. (3) The division establishes the executive director of the office as the custodian of its records as required by section 610.023, RSMo. The executive director is responsible for maintaining records and responding to requests for access to public records.

2. (4) Responding to Request for Access.

   1. (A) If the custodian is uncertain whether requested access to public records is required under Chapter 610, RSMo, they shall consult with the Office of the Attorney General before deciding whether to deny the access. If that contact by the custodian is not practicable or is impossible the custodian may make a decision to deny access pending consultation with the Office of the Attorney General and shall give the reason for delay to the person requesting the information within three (3) days. However, in those circumstances, the custodian shall consult with the Office of the Attorney General within five (5) working days of the decision.
   2. (B) When access is denied, the custodian will comply with the requirements in section 610.023, RSMo, concerning informing the individual requesting access to the records of the grounds for denying the request.
3. (5) The custodian shall maintain a file which will retain, for at least two (2) years, copies of all written requests for access to records and responses to requests. This file shall be maintained as a public record of the office open for inspection by any member of the general public during regular business hours as noted in 4 CSR 165-1.030(2). Hearing Instrument Specialists

AUTHORITY: section 346.115.1(7), RSMo Supp. 1996.* This rule originally filed as 4 CSR 165-1.030. Original rule filed Oct. 16, 1996, effective May 30, 1997. Moved to 20 CSR 2165-1.030, effective Aug. 28, 2006. *Original authority: 346.115, RSMo 1973, amended 1981, 1993, 1995.