Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.120 - Public Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of the amendment is to modify
				  the existing language to include additional records that are closed records of
				  the board.
(1) All public
				records of the State Board of Embalmers and Funeral Directors shall be open for
				inspection and copying by the general public at the board's office during
				normal business hours, holidays excepted, except for those records closed
				pursuant to section
				610.021,
				RSMo. All public meetings of the State Board of Embalmers and Funeral
				Directors, not closed pursuant to the provisions of section
				610.021,
				RSMo, will be open to the public.
(2) The board hereby closes all individually
				identifiable personnel records, performance ratings, or records pertaining to
				employees or applicants for employment of the board, except that this exemption
				shall not apply to the names, positions, salaries, and lengths of service of
				officers and employees of the board once they are employed.
(3) The State Board of Embalmers and Funeral
				Directors establishes the executive director of the board as the custodian of
				its records as required by section
				610.023,
				RSMo. The executive director is responsible for maintaining the board's records
				and for responding to requests for access to public records and may appoint
				deputy custodians as necessary for the efficient operation of the
				board.
(4) When the custodian
				believes that requested access is not permitted under Chapter 610, RSMo, the
				custodian shall inform the requesting party that compliance cannot be made,
				specifying what sections of Chapter 610, RSMo, require that the record remain
				closed. Correspondence or documentation of the denial shall be copied to the
				board's general counsel. The custodian also shall inform the requesting party
				that he/she may appeal directly to the board for access to the records
				requested. The appeal and all pertinent information shall be placed on the
				agenda for the board's next regularly scheduled meeting. If the board reverses
				the decision of the custodian, the board shall direct the custodian to advise
				the requesting party and supply access to the information during regular
				business hours at the requesting party's convenience.
(5) The custodian shall maintain a file that
				will contain copies of all written requests for access to records and responses
				to these requests. The requests shall be maintained on file with the board for
				a period of one (1) year and will be maintained as a public record of the board
				open for inspection by any member of the general public during regular business
				hours.
(6) Whenever a request for
				inspection of public records is made and the individual inspecting the records
				requests copies of the records, the board may charge a reasonable fee for the
				cost of inspecting and copying the records as follows:
(A) A fee for copying public records shall
				not exceed the actual cost of the document search and duplication;
				and
(B) The board may require
				payment for these fees prior to making the
				copies.