Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 10 - Motor Carrier Operations › Section 7 CSR 265-10.017 - Appeals

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the publication date
				  of information from the United States Code that is incorporated by
				  reference.
(1) The director
				of the Missouri Department of Transportation Motor Carrier Services division,
				or the director's designee, shall maintain a record of all proceedings
				filed with the Administrative Hearing Commission. Open records shall be
				available for public inspection and copying.
(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 Administrative Hearing Commission, 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,
				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 the Administrative
				Hearing Commission, 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 7 CSR
				265-10.030 shall be open records;
3. Under Title 49, United States Code
				(U.S.C.), section 523(c), which is incorporated herein by reference and made a
				part of this rule as published in 2021 by the U.S. Government Publishing
				Office, 732 North Capitol Street NW, Washington, DC 20401-0001, and which does
				not incorporate any subsequent amendments or additions, all records or
				information acquired by division staff during an inspection of the equipment or
				records of a motor carrier 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 Title  49 U.S.C., section 504, which
				is incorporated herein by reference and made a part of this rule as published
				in 2021 by the U.S. Government Publishing Office, 732 North Capitol Street NW,
				Washington, DC 20401-0001, and which does not incorporate any subsequent
				amendments or additions; 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 common
				carriers