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Missouri Department of Transportation

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Open Records Procedure 

MoDOT Open Records Procedure

 

Most of the documents retained by the Missouri Highways and Transportation Commission and Missouri Department of Transportation (MoDOT) are public records that are shared with the public.  However, those records that the statutes allow to be closed under Section 610.021 RSMo are closed unless specifically determined otherwise. 

Records and documents held by MoDOT that originate from other agencies (FHWA, FAA, AASHTO, etc.) are subject to the open records law.  If a request includes publications and manuals produced by other agencies, however, MoDOT will provide the requester with the name and address of the agency that produces the documents.

I.       Requests for Specifically Identified Routine and Educational Documents (See Document List)

The Document List, which accompanies this procedure, identifies routine and/or educational documents that may be released to the public without going through the review process outlined under paragraph II.  If the document requested is on the Document List, the district/division receiving the request will:

                        1.  Determine if a fee is to be charged.  See paragraph IV, Fees.
                        2.  Collect the fee prior to sending the records.  See paragraph V, Payment.
                        3.  Send the records.

Should a request include documents that are on the document list, as well as documents that are not on the list, the division/district will (1) send the requester those documents that are on the list after payment, if applicable, has been received, and (2) forward the request to the secretary to the commission to initiate the review process noted in paragraph II.

II.       Requests for Documents Not on Document List

           A.  Written Request Required

Requests for documents that are not included on the accompanying Document List must be in writing and must be directed to the Secretary to the Commission at P.O. Box 270, Jefferson City, Missouri 65102, or by fax (573) 522-2698.

Written requests addressed to an individual within MoDOT other than the secretary to the commission may be forwarded to the commission secretary's office.  The written request may be in the form of a letter or a completed Records Request Questionnaire, which accompanies this procedure. 

          B.  Response by Secretary to the Commission

Within 72 hours of receipt of the request, the secretary to the commission will either acknowledge receipt of the request or will ask the requester to clarify the request.  The secretary to the commission will then route the request to the Risk Management Division.

C.  Review by Risk Management Division

The Risk Management Division will check its records to determine whether there is any pending claim or litigation pertaining to the request and route the request to the chief counsel's office.

           D.  Chief Counsel's Office Review and Response

The chief counsel's office will review the request and respond as follows:

1.   If the chief counsel’s office determines the statutes deem the records to be closed, the chief counsel's office will respond to the requester citing the reason for denying access to the records and copying the secretary to the commission.
                       
2.   If it is necessary for the chief counsel’s office to review specific documents in order to determine whether they are closed, the chief counsel's office will forward the request to the appropriate division/district to compile the records for further review. 

a.   Should the chief counsel’s office determine the records are closed, the chief counsel’s office will respond to the requester citing the reason for denial of access to the records.
b.   Should the chief counsel’s office determine that the documents are open records, the chief counsel’s office, or respective division or district, if instructed by the chief counsel’s office to do so, will:

i.    Determine if a fee is to be charged.  See paragraph IV, Fees.
ii.   Collect the fees prior to releasing copies of the records.  See paragraph V, Payment.
iii.  Send the records.

           E.  Documenting the Response

A copy of the request and the documents provided will be retained in the division/district's files for further reference.  A copy of the response letter must be sent to the secretary to the commission.

If the response is made by telephone or fax, a letter should be sent to the requester verifying the response and listing any information provided.  A copy of the letter must be sent to the secretary to the commission.

III.     Processing Time

Requests for records will be processed in a timely manner.  If responses cannot be provided within 15 working days, the chief counsel’s office will inform the requester about the status of the request.

IV.       Fees

The Sunshine Law allows agencies to collect a fee equal to or less than the actual cost of locating and copying the records.  A predetermined cost has been calculated for many frequently requested documents and may be used when determining a fee for providing records.  Predetermined costs for documents that can be released without review are shown on the Document List (see Document List section).

If a fixed cost has not been established for the records requested, a fee can be determined by calculating the research cost and adding the reproduction cost.  The following estimated values may be used in determining the appropriate fee:

 

Document Search Cost

  


Staff

Cost per Hour*

 

Professional

 

$30.00

Clerical

$15.00

*Charge in 15 Minute Increments

 

Document Reproduction Cost

Reproduction                                                             

Unit

Cos Cost per Unit

Computer Printout

11" x 17"

$   .50

Microfilm

8½" x 11"

$ 1.00

 

11" x 17"

$ 2.00

Photocopy

8½" x 11"

$   .10

 

8½" x 14"

$   .10

 

11" x 17"

$   .50

 

22" x 34"

$ 1.00

Color copy

8½" x 11”

$   .10

 

8½" x 14"

$   .10

Photograph (from negative)

3½" x 5"

$ 1.00

 

5" x 7"

$ 2.00

 

8" x 10"

$ 3.50

Photograph (no negative)

3½" x 5"

$ 3.50

 

5" x 7"

$ 6.25

 

8" x 10"

$ 8.00

Diskette

3½" x 5" floppy

$ 1.00

CD ROM

 

$ 5.00

Fees will not be charged for educational material developed for the purpose of public dissemination.  Fees under $10 may be waived.

If a prepayment letter is sent for payment to the requester, please forward a copy of that letter to the Controllers Division, Accounts Receivable. This will assist in payment notification from the controllers division.

V.       Payment

Payment should be collected before the records are released. 

Checks should be made payable to "Director of Revenue-Credit State Road Fund" and mailed directly to:

                                    Cashier's Section
                                    Missouri Department of Transportation
                                    P.O. Box 270
                                    Jefferson City, Missouri  65102

Upon receipt of payment, the cashier will send a copy of the paid receipt to the department employee who requested the payment.  Documents should be mailed promptly upon receipt of payment.

VI.      Modification of Document List

The list of routine and educational documents that can be released as outlined in paragraph I will be revised periodically. 

District offices should send recommendations for revisions to the Document List to the appropriate division office.  Division offices will work with the chief counsel's office and secretary to the commission to determine whether the documents should be added to or deleted from the list.  The secretary to the commission will be responsible for maintaining the Document List and will distribute any revisions to all MoDOT offices.

 

QUESTIONS?

For additional information regarding the Sunshine Law, contact the secretary to the commission at (573) 751-2824.


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Missouri Department of Transportation
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105 W. Capitol Avenue
Jefferson City, MO 65102
1-888-ASK-MODOT (275-6636)
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