PURPOSE: This rule sets forth the written policy in compliance with sections 610.010-610.030, RSMo regarding the release of information on any meeting, record or vote of the Council for Hearing Aid Dealers and Fitters.

1. (1) The Council for Hearing Aid Dealers and Fitters, Division of Professional Registration, Department of Economic Development is a public governmental body as defined in Chapter 610, RSMo and adopts the following as its written policy for compliance with that chapter. The Council for Hearing Aid Dealers and Fitters is an advisory council to the department. This policy is open to public 4 CSR 160-l

inspection and implements the provisions in Chapter 610, RSMo regarding the release of information on any meeting, record or vote of the Council for Hearing Aid Dealers and Fitters which is not closed under provisions of Chapter 610, RSMo. (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:OO a.m. to 4:30 p.m. Monday through Friday, holidays excepted), except for the records closed under section 610.021, RSMo. All public meetings of the council not closed under that section will be open to any member of the public.

1. (3) The department establishes the executive director of the office as the custodian of its records as required by section 610.023: RSMo. S/he is responsible for maintainmg the council’s and department’s records and responding to requests for access to public records.
2. (4) The department may charge a reasonable fee for document search and copying of requested records. The fees charged shall be as follows:
3. (A) A fee for document search (research) shall not exceed the actual cost of document search and shall be established by rule;
4. (B) A fee for copying public records shall not exceed the actual cost of duplication and shall be established by rule; and
5. (C) All fees collected shall be remitted to the Department of Revenue for deposit in the State Treasury.
6. (5) Responding to Requests for Access.
7. (A) If the custodian is uncertain whether requested access to public records is required under Chapter 610, RSMo, s/he 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, s/he may make a decision to deny access pending consultation with the Office of the Attorney General and shall give this 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.
8. (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.
9. (C) When the person requesting access asks in writing that the request and denial be reviewed by the director of the Division of Professional Registration, the custodian shall supply to the director copies of the written 4CSW160-l--ECONOMIC DEVELOPMENT

response conveying the denial. The director shall recommend that the department either affirm or reverse the decision of the custodian, If the director recommends reversing the decision, with the approval of the department, s/he shall direct the custodian to so advise the requesting person and supply the access to the information during regular business hours.

1. (D) When the custodian is uncertain about the division director’s position regarding a request, s/he shall inform the person requesting access that the request is denied pending review by the director.

1. (6) 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 the 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. Auth: sections 610.010-610.030, RSMo (1986).” Original rule filed May 17,1989, effective July 27, 1989. Amended: Filed Aug. 3, 1992, effectiue April 8,1993. *Original authority: 610.010, RSMo (19731, amended 1977,19?, 1982,1987;610.011,RSMo (1987); 610.015, RSMo (19731, amended 1987; 610.020, RSMo (1973), amended 1982, 1987; 610.021-610.026, RSMo (1987); 610.027, RSMo 119821, amended 1987, 1990; 610.028, RSMo (1982), amended 1987; and 610.030, RSMo (19731, amended 1982.

4 CODE OF STATE REGULATIONS (2/K/93) Judith K. Moriarty