PURPOSE: This rule outlines the policy regarding the release of information on any meetings, committee records or votes in compliance with sections 610.010–610.030, RSMo.

1. (1) The State Committee for Social Workers is a public governmental body as defined in Chapter 610, RSMo and adopts the following as the written policy for compliance with the provisions of that chapter. This policy is open to public inspection and implements Chapter 610, RSMo provisions regarding the release of information of any meeting, records or votes of the committee which are not closed under the chapter or any other applicable state or federal law. FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION
2. (2) All public records of the committee shall be open for inspection and copying by any member of the general public during normal business hours except for those records closed pursuant to the provisions of sections 610.021 and 620.010.14(7), RSMo or any other applicable state or federal law. All public meetings of the committee will be open to the public unless authorized to be closed in accordance with state or federal law.
3. (3) The committee establishes the director of the Division of Professional Registration or the director’s designated representative as the custodian of its records as required by section 610.023, RSMo. The director or designee is responsible for maintaining committee records and responding to requests for access to public records.

4. (4) The committee shall charge a reasonable fee, pursuant to the rules promulgated by the committee, for the cost of researching, inspecting and copying the records. Charges and payments of the fees shall be based on the following:

   1. (A) A fee for copying public records shall not exceed the actual cost of the document search and duplication;
   2. (B) The committee may require payment of fees prior to making the copies; and
   3. (C) All fees collected shall be remitted to the Director of Revenue for deposit to the credit of the Clinical Social Work Fund.
5. (5) If the custodian believes that requested access is not required under Chapter 610, RSMo, the custodian shall consult with the Office of the Attorney General before deciding whether to deny access to the records. If contact with that office is not practicable or is impossible, the custodian may decide whether to deny access. However, in that case, 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 the individual requesting access to the records and shall supply to the committee copies of the written denial. The committee shall either affirm or reverse the decision of the custodian.
6. (6) The custodian shall maintain a file of copies of all written requests for access to records and responses to the requests. That file shall be maintained as a public record open for inspection by any member of the general public during regular business hours.

AUTHORITY: sections 337.627, RSMo Supp. 1998 and 610.010–610.200, RSMo 1994 and Supp. 1998.* This rule originally filed as 4 CSR 263-1.016. Original rule filed Jan. 20, 1999, effective July 30, 1999. Moved to 20 CSR 2263-1.016, effective Aug. 28, 2006. *Original authority: 337.627, RSMo 1989, amended 1993, 1995, 1997 and 61.010–610.200, please see Missouri Revised Statutes 1994 and Missouri Revised Statutes Cumulative Supplement 1998.