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 statues 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 public 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:
Determine if a fee is to be charged. See paragraph IV, Fees.
Collect the fee prior to sending the records. See paragraph V, Payment.
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 not listed on the accompanying Document List must be in writing and must be directed to the Secretary to the Commission.
Written requests addressed to an individual within MoDOT other than the Secretary to the Commission may be forwarded to the Commission Secretary's office.
Failure to submit the request directly to the Secretary to the Commission could result in the request not making it into the system.
The written request may be submitted directly to the Secretary to the Commission in the following way:
- By use of the electronic system that may be accessed by selecting this link.
- By submitting a written letter to Secretary to the Commission, P.O. Box 270, Jefferson City, Missouri 65102.
- By submitting a written letter via facsimile to 573-522-2698.
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 & Benefits Management Division. If the requester does not receive an acknowledgement of receipt of their request, then the requester should contact the Secretary to the Commission to see if the request was received and logged into the system for response.
C. Review by Risk & Benefits Management Division
The Risk & Benefits 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:
- 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.
- 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.
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. 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:
- Determine if a fee is to be charged. See paragraph IV, Fees.
- Collect the fees prior to releasing copies of the records. See paragraph V, Payment.
- Send the records.
E. Documenting the Response
A copy of the request and the documents provided will be retained in the electronic system.
If the response is made by telephone or fax a note will be included in the electronic system verifying the response was provided and listing any information provided.
If the response is made by letter, a copy of the letter must be included in the electronic system.
If the response is made by email, a copy of the email must be included in the electronic system.
The documents provided in response must be included in the electronic system.
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.
The Sunshine Law allows agencies to collect a fee equal to or less than the actual cost of locating and copying the records.
Fees for documents that can be released without review are shown on the Document List (see Document List section).
A fee will be determined by calculating the research cost and adding the reproduction cost. The following values may be used in determining the appropriate fee:
Fees under $10 may be waived.
Document Reproduction Cost
|Document||Unit||Cost Per Unit|
|Computer printout||8 1/2 x 11||$0.10|
|8 1/2 x 14||$0.10|
|11 x 17||$0.40|
|Photocopy||8 1/2 x 11||$0.10|
|8 1/2 x 14||$0.10|
|11 x 17||$0.40|
|22 x 34||$1.50|
|Color copy||8 1/2 x 11||$0.10|
|8 1/2 x 14||$0.10|
|11 x 17||$0.50|
Document Search Cost
|Staff||Cost Per Hour*|
*charge in 15 minute increments
Payment should be collected before the records are released.
Checks should be made payable to "Department of Revenue-Credit State Road Fund" and mailed directly to:
Financial Services Division – Accounts Receivable
Missouri Department of Transportation
P.O. Box 270
Jefferson City, Missouri 65102
Payment may be made electronically with a credit card, debit card, or E-check by calling 573-526-4280 and speaking with a Financial Services representative.
Upon receipt of payment, the Financial Services Division will indicate payment was received in the electronic system. 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 removed from the list. The Secretary to the Commission will be responsible for maintaining the Document List and will notify the department of any revisions.
For additional information regarding the Sunshine Law, contact the Secretary to the Commission at (573) 751-2824.