PURPOSE: This rule establishes which records are public documents and which are confidential.

1. (1) All public records of the Real Estate Appraisers 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, except holidays) except for those records closed pursuant to section 610.021, RSMo. All public meetings of the Real Estate Appraisers Commission not closed pursuant to the provisions of section 610.021, RSMo will be open to any member of the public.
2. (2) The commission establishes the executive director of the commission as the custodian of its records pursuant to section 610.023, RSMo. The executive director is ultimately responsible for the maintenance of the commission’s records and for responses to requests for access to public records.

3. (3) Whenever a request for inspection of public records is made and the individual inspecting the records requests copies of the records, the commission may charge a reasonable fee for the cost for document search and copying the records. The fees charged by the commission shall be as follows:

   1. (A) A fee for document search (research) shall not exceed the actual cost of document search and shall be established by commission rule;
   2. (B) A fee for copying public records shall not exceed the actual cost of duplication and shall be established by commission rule; and
   3. (C) All fees collected shall be remitted to the Department of Revenue for deposit in the State Treasury to the credit of the Missouri Real Estate Appraisers Fund.

4. (4) Responding to Requests for Access.

   1. (A) Whenever a request for access to public records is made and the custodian is uncertain whether or not that access is required under the provisions of Chapter 610, RSMo, the custodian shall consult with the Office of the Attorney General before making a determination whether to deny access to records. In the event that contact by the custodian with the Office of the Attorney General is not practicable or is impossible, the custodian may make a decision to deny access pending consultation with the attorney general’s office and within three (3) days shall give AND INSURANCE

this reason for delay to the person requesting the information. However, in those circumstances, the custodian shall consult with the Office of the Attorney General concerning the decision within five (5) working days of the decision.

1. (B) Whenever a decision is made to deny access, 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 denial of the request.
2. (C) Whenever the custodian denies access to the records and the person requesting access requests in writing that the request and denial be reviewed by the commission, the custodian shall supply to members of the commission copies of the written response where the denial was conveyed to the requesting individual. At the next meeting of the commission, the commission shall either affirm the decision of the custodian or reverse the decision of the custodian. In the event that the commission decides to reverse the decision of the custodian, the commission shall direct the custodian to so advise the person requesting access to the information and supply the access to the information during regular business hours.
3. (D) Whenever document access, which access may be granted or denied in the discretion of the commission, is requested and the custodian is not certain of the position of the commission regarding the request, the custodian shall inform the person requesting access that the request is denied pending review of the request by the commission at the next meeting.

1. (5) The custodian shall maintain a file in which is retained, for a period of at least two
2. (2) years, copies of all written requests for access to records and responses to those requests. 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 339.509, RSMo 2016.* This rule originally filed as 4 CSR 245-2.030. Emergency rule filed Dec. 6, 1990, effective Dec. 16, 1990, expired April 14, 1991. Emergency rule filed April 4, 1991, effective April 14, 1991, expired Aug. 11, 1991. Original rule filed Jan. 3, 1991, effective April 29, 1991. Moved to 20 CSR 2245-2.030, effective Aug. 28, 2006. Amended: Filed April 6, 2018, effective Oct. 30, 2018. *Original authority: 339.509, RSMo 1990, amended 1998, 2012.