Missouri Code of State Regulations › Title 4 - Department of Economic Development › Division 265 - Division of Motor Carrier and Railroad Safety › Chapter 2 - Practice and Procedure › Section 4 CSR 265-2.030 - Records of the Division

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule appoints a custodian of records
				  for the division and sets forth guidelines to be followed when reviewing
				  records of the division.
(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.
(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. All records which may be closed records
				under Chapter 610, RSMo;
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;
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
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.