PURPOSE: This rule appoints a custodian of records for the division and sets forth guidelines to be followed when reviewing records of the division.

Editor’s Note: The following material is incorporated into this rule by reference: 1) 49 U.S. Code sections 504 and 523(c) (Washington: U. S. Government Printing Office, 1993). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) The director shall keep a full and true record of all the proceedings of the division, of all books, maps, documents and papers ordered filed by the division and of all orders made by each of the administrative law judges. In addition, the director shall maintain a docket of all proceedings filed with proceedings set for hearing and shall assign each matter an appropriate docket number. These records shall be available for public inspection and copying at the office of the director from 8:00 a.m. to 12:00 noon, and 1:00 p.m. to 5:00 p.m., Monday through Friday, except for legal holidays or as otherwise provided in subsection (1)(A) of this rule.

   1. (A) The following records of the division, or possessed by the division, shall be closed records, and shall not be open to public inspection or copying, or made public, except as otherwise provided by order or permission of a court, the division’s administrative law judge, or when formally filed with the division in a hearing or proceeding, or when otherwise required to be made public under the rules of the division or Chapters 386—391, RSMo. The closure of records to public access under this subsection shall not be deemed to preclude lawful discovery of these records by a party in an administrative or court proceeding:

      1. 1. All records which may be closed

records under Chapter 610, RSMo;

1. 2. Under section 386.480, RSMo, all

information furnished to the division or its employees by any motor carrier, railroad corporation, street railroad corporation, their agents or employees or by any corporation or person subject to the jurisdiction of the division, pursuant to the requirement of any statute or court order, any rule, order or subpoena of the division or its administrative law judge, or any audit, investigation or discovery by the division staff, except that insurance certificates, surety bonds, endorsements and cancellation notices filed pursuant to section 390.126, RSMo or 4 CSR 265-10.030 shall be open records;

1. 3. Under 49 U.S.C. section 523(c), all

records or information acquired by division staff during an inspection of the equipment or records of a motor carrier, a private carrier by motor vehicle or a lessor of equipment to such a carrier, if that inspection was delegated and funded or reimbursed by the Secretary of Transportation of the United States under 49 U.S.C. section 504; and

1. 4. Under section 387.310, RSMo, any

fact or information received by the division or its staff during the course of any inspection or examination of railroad corporations, street railroad corporations and common carriers.

1. (2) The director of the division shall be the official custodian of records for the division and shall be responsible for maintaining the division’s records. The director may delegate some or all of his/her custodial duties to division personnel under his/her supervision. Requests for access to or copies of public records of the division may be made in writing addressed to Director, Missouri Division of Motor Carrier and Railroad Safety, P.O. Box 1216, Jefferson City, MO 65102 or in person at the division’s principal office. Copies of records, papers and official documents furnished to public officers for use in their official capacity will be provided without charge. All other persons requesting copies of public records of the division shall be liable for the actual cost of document search and duplication, and shall make payment, in full, within thirty (30) days of invoice.
2. (3) Every person who requests access to public records of the division may be required, before access is granted, to deposit a driver’s license or other positive identification as a security deposit with the custodian of records, to be retained until the person finishes reviewing the records and returns the records to the custodian. No person shall damage, mutilate, deface or otherwise alter the original records of the division, except duly authorized state personnel in the course of the authorized destruction of records as prescribed by law, nor shall any person remove any original records of the division from the offices of the division without the written permission of the custodian of records or his/her authorized representative. Railroad Safety
3. (4) For a certificate authorizing an issue of bonds, notes or other evidences of indebtedness, a fee of one dollar ($1) will be charged for each thousand dollars of the face value of the authorized issue or fraction of it, up to one (1) million dollars; and a fee of fifty cents (50¢) will be charged for each one thousand dollars ($1000) over one (1) million dollars and up to ten (10) million dollars; and a fee of twenty-five cents (25¢) will be charged for each one thousand dollars ($1000) over ten (10) million dollars, with a minimum fee in any case of twenty-five dollars ($25); provided, that no fee shall be charged for an issue or that part of an issue which is made for the purpose of guaranteeing, taking over, refunding, discharging or retiring any bond, note or other evidence of indebtedness up to the amount of the issue guaranteed, taken over, refunded, discharged or retired.

AUTHORITY: section 622.027, RSMo 1994.* Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996.

*Original authority: 622.027, RSMo 1985, 1993, 1995.