Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 10 - General Administration › Chapter 2 - Public Meetings and Records › Section 20 CSR 10-2.300 - Meetings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule complies with sections
				  610.023
				  and
				  610.028,
				  RSMo regarding open meetings.
(1) Public Governmental Bodies.
(A) Department. The department is a public
				governmental body under section
				610.010(2),
				RSMo, for purposes of meetings. The
				department is meeting as a public governmental body and conducting a public
				meeting whenever a majority of the employees of the department are allowed,
				invited or required to attend the meeting for the purpose of discussing or
				deciding the department's functions. Public meetings do not include social
				gatherings where there is no intent to avoid the purposes of Chapter 610, RSMo.
				Public meetings of the department also include rulemaking hearings and
				contested case hearings before the director in the director's administrative or
				adjudicative capacity. Contested case hearings include only those hearings at
				which the director or an appointed hearing officer presides and of which all
				parties to the case have notice.
(B) Divisions. The divisions of the
				department are each public governmental bodies under section
				610.010(2),
				RSMo, for purposes of meetings. A division is
				conducting a public meeting and meeting as a public governmental body whenever
				a majority of the employees of the division are allowed, invited or required to
				attend the meeting for the purpose of discussing or deciding the department's
				functions. Public meetings do not include social or ministerial gatherings
				where there is no intent to avoid the purposes of Chapter 610, RSMo. Public
				meetings of the division also include rulemaking hearings and contested case
				hearings before a division director in the director's administrative or
				adjudicative capacity. Contested case hearings include only those hearings at
				which the director or an appointed hearing officer presides and of which all
				parties to the case have notice.
(C) Boards, Commissions, and Advisory
				Committees. The various boards, commissions and advisory committees, whether
				created by statute or by executive order of the governor are each public
				governmental bodies under section
				610.010(2),
				RSMo, for purposes of meetings.
(D) Sections and Other Organizational Units.
				Other organizational units within the department are not public governmental
				bodies under section
				610.010(2), RSMo.
				Neither the director nor any single employee or agent of the department shall
				be considered a public governmental body under section
				610.010(2), RSMo for
				purposes of meetings because a single member body cannot have
				meetings.
(E) The department,
				division, board, commission or committee official leading the public meeting
				shall ensure public notice of the meeting is given under section
				610.020,
				RSMo, whether the meeting remains open or by vote may be closed. Such official
				shall also ensure minutes of the meeting are created and maintained.
(F) In addition to any meetings that are
				public by law, any meeting of the department or one of its divisions, boards,
				commissions or committees that has been announced as a public meeting shall be
				open to the public, except to the extent of any applicable provision of section
				610.021,
				RSMo. No meeting which is not described in this rule as a public meeting shall
				be open to the public.