reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 5 - Determination of Disability › Section 8 CSR 50-5.010 - Ratings for Loss of Teeth

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to establish
				  benefits due for loss of teeth.
(1) Loss of teeth shall be rated as permanent
				partial disability and compensation shall be paid for the period set forth in
				the following table. Each cutting, eye or wisdom tooth shall be counted as one
				(1) tooth and each molar or grinding tooth as two (2) teeth.
(2) In addition to all other compensation,
				loss of front teeth only shall be rated as disfigurement in an amount
				sufficient to cover the reasonable cost of artificial teeth.
Number of
Weeks
Teeth
Compensation
1/8
.16
1/4
.31
1/3
.42
1/2
.63
2/3
.83
3/4
.94
7/8
1.09
1
1.25
2
2.50
3
3.75
4
5.00
5
6.25
6
7.50
7
8.75
8
10.00
9
11.25
10
12.50
11
13.75
12
15.00
13
16.25
14
17.50
15
18.75
16
20.00
17
21.25
18
22.50
19
23.75
20
25.00
21
26.25
22
27.50
23
28.75
24
30.00
25
31.25
26
32.50
27
33.75
28
35.00
29
36.25
30
37.50
31
38.75
32
40.00
33
41.25
34
42.50
35
43.75
36
45.00
37
46.25
38
47.50
39
48.75
40
50.00
41
51.25
42
52.50
43
53.75
44
55.00
45
56.25
46
57.50
47
58.75
48
60.00
*Original authority: 287.650, RSMo 1939, amended 1949,
					 1961, 1980, 1993, 1995, 1998.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 5 - Determination of Disability › Section 8 CSR 50-5.020 - Evaluation of Visual Disabilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth procedures to evaluate
				  visual disability.
(1)
				Compensable disability for loss of vision should be based on that proportional
				part of the compensation provided by law for loss of use or loss of function of
				one (1) or of both eyes which expresses the percentage loss of visual
				efficiency of the individual.
(A) Visual
				acuity as used in this rule means the best acuity obtainable at twenty feet
				fourteen inches (20'14") without the use of ophthalmic lenses, except that
				corrective lenses shall be used for natural presbyopia and other conditions
				clearly not the result of injury.
(B) Visual efficiency is defined as that
				degree or percentage of competence of the eye to accomplish its physiologic
				function.
(C) Loss of binocular
				single vision is equivalent to the loss of use of one (1) eye.
(D) The reduction in visual acuity to 20/200
				(6/60 where the metric system is used) or a reduction in visual efficiency to
				ten percent (10%) or less constitutes industrial blindness.
(E) When both eyes are involved in a
				permanent visual disability, the efficiency of the coordinate function of both
				eyes should be determined on the basis of permanent partial disability of the
				body as a whole.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 5 - Determination of Disability › Section 8 CSR 50-5.060 - Evaluation of Hearing Disability

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to establish the
				  procedures to evaluate hearing disability, setting forth methods for its
				  measurement and calculation.
(1) The following are definitions relating to
				this matter and rule:
(A) Hearing loss-the
				general condition of reduced auditory sensitivity;
(B) Loss of hearing or threshold shift-a
				change for the worse in auditory sensitivity;
(C) Threshold-the weakest sound that can be
				heard;
(D) Decibel (dB)-a unit
				conventionally used to measure the magnitude of sound. In the testing of
				hearing, it is used to measure the threshold of a listener relative to the
				standard threshold (U.S. audiometers);
(E) Audiometer-a device for the measurement
				of the threshold of hearing in decibels relative to a standard;
(F) Hearing level or hearing threshold
				level-the reading on an audiometer in decibels corresponding to the threshold
				of hearing of the individual being tested;
(G) Frequency-the number of regular
				fluctuations made by a sound wave in one (1) second;
(H) Cycle-one (1) of a repeated series of
				regular fluctuations made by a sound wave;
(I) Audiogram-a chart showing hearing levels
				at different frequencies;
(J)
				Hearing disability or disability of hearing-a malfunction or abnormality of
				hearing of sufficient severity to constitute a practical handicap such as would
				justify compensation; particularly a reduction of efficiency in everyday
				communication by speech;
(K)
				Deafness-term reserved to designate very severe or total disability of
				hearing;
(L) Presbycusis-a loss of
				hearing occasioned by the aging process; and
(M) "Hearing level" is a technical term that
				refers to the point (or threshold) in decibels when a testing sound is first
				detected by the listener. The "lowest hearing level," therefore, represents
				best hearing not worst hearing. The "lowest measured loss," therefore, is
				reflected by the lowest decibel rating at which the listener heard the test
				tone.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 5 - Determination of Disability › Section 8 CSR 50-5.070 - Forms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the forms required for
				  filing with the division by the employee, employer and insurer. Included are
				  instructions to obtain forms.
Forms required for filing with the division are listed in
				  this rule, together with a few other forms required of employees, employers and
				  insurers. Under the provisions of section
				  287.630,
				  RSMo, these forms are provided free of charge. Those requiring such forms
				  should send their requests to the division at Jefferson City, giving the form
				  serial number and the quantity needed. Some forms, such as subpoenas and Forms
				  42 and 43, which have to be executed separately for individual cases, cannot,
				  of course, be sent out in quantities. The only cost in connection with
				  procuring the forms is transportation charges.
Form
No.
Use
1
Report of Injury
2
Receipt and Notice of Termnationi
of Compensation
2-A
Receipt for Compensation
3
Notice of Commencement of
Compensation
6
Notice of Termination of
Compensation
8
Request for Lump Sum
Settlement
9
Surgeon's Report
9-A
Physician's Report on Eye
Injuries
21
Claim for Compensation
22
Answer to Claim for Compensation
25
Subpoena
25-A
Subpoena Duces Tecum
42
Special Order for Additional
Medical
43
Authorization to Inspect
and/or Copy Medical
Records
65-B
Withdrawal of Employer's
Acceptance of Law
75
Memorandum of Insurance
Coverage
8
Application for Authority to
Self-Insure
82 (Bond)
Bond of Self-Insurer
82 (Escrow)
Escrow Agreement of Self-Insurer
83
Self-Insurer's Statement of
Outstanding Disability Claims
84
Self-Insurer's Payroll Report
85
Self-Insurer's Annual Financial
Statement
86
Self-Insurer's Report of Compensation
Payments
*Original authority: 287.650, RSMo 1939, amended 1949,
					 1961, 1980, 1993, 1995, 1998.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 6 - Crime Victims › Section 8 CSR 50-6.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 287.650, RSMo 1939, amended 1949,
					 1961, 1980, 1993, 1995, 1998; and 595.060, RSMo 1981, amended 1993,
					 1995.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.010 - Purpose

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the purpose for the
				  Missouri Workers' Safety Program, as required by section
				  287.123,
				  RSMo.
(1) The Missouri
				Workers' Safety Program shall administer and enforce the provisions regarding
				certification, review and renewal of insurance company safety programs, and the
				certification of safety engineers and safety consultants, as required by
				section
				287.123,
				RSMo.
(2) The Division of Workers'
				Compensation of the Department of Labor and Industrial Relations shall
				establish and maintain a job safety and health information system. The division
				shall analyze the information to identify and assign priorities to safety and
				health needs. The division shall promote workers' health and safety through
				educational programs and other innovative programs developed by the
				division.
(3) The division shall
				collect and serve as a repository for statistical information on workers'
				health and safety. The job safety and health information system shall include a
				comprehensive data base that incorporates all pertinent information relating to
				each reported injury involving a lost time incident of any employer utilizing
				the safety and health services available under section
				287.123,
				RSMo. The information collected shall be submitted by the insurance carrier on
				a quarterly basis or as requested by the division.
*Original authority: 287.123, RSMo 1993 and 287.650, RSMo
					 1939, amended 1949, 1961, 1980,
					 1993.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.020 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the terms used in the
				  Missouri Workers' Safety Program.
(1) The words defined in section
				287.123,
				RSMo shall have the same meaning as when used in these rules, unless the
				context plainly requires a different meaning.
(A) Acceptable educational institution-
1. A school, college, university or other
				institution of higher learning in the United States which, at the time the
				applicant was enrolled and graduated, was accredited by a regional accrediting
				commission recognized by the United States Department of Education;
				or
2. A school, college, university
				or other institution of higher learning outside the United States which, at the
				time the applicant was enrolled and graduated, maintained a standard of
				training substantially equivalent to the standards of training of those
				institutions accredited by one (1) of the regional accrediting commissions
				recognized by the United States Department of Education.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.030 - Name and Address Change

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the requirements and
				  procedures for notifying the Missouri Workers' Safety Program of name and
				  address changes.
(1) All
				insurance carriers or claims administrators obtaining certification of a safety
				engineering and management program, and all individuals certified as a safety
				consultant or safety engineer, shall ensure that the certificate bears the
				current legal name of the individual or corporation.
(2) A certificate holder whose name or
				address is changed shall promptly notify the Missouri Workers' Safety Program
				and provide a copy of the appropriate document indicating the change as well as
				requesting that a new certificate be issued.
*Original authority: 287.123, RSMo 1993 and 287.650, RSMo
					 1939, amended 1949, 1961, 1980,
					 1993.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.040 - Certification Requirements: Safety Engineering and Management Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the requirements for
				  certification of a safety engineering and management program.
(1) The criteria of a certified safety
				engineering and management program, as established by an insurance carrier,
				shall include:
(A) Administration.
1. The insurance carrier shall notify each
				insured employer at the time of the initial purchase of a policy and, annually
				thereafter, of the availability of its services pertaining to a comprehensive
				safety engineering and management program.
2. The insurance carrier shall designate and
				appoint a person to be responsible for the initiation and management of its
				program.
3. The insurance carrier
				shall coordinate or supervise the collection of information relating to worker
				safety to measure the effectiveness of the safety program, including the effect
				of the program on the employer's injury and occupational disease incidence
				rate, the severity of injuries that do occur and other reports as required by
				the division;
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.050 - Application for Certification: Safety Engineering and Management Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the procedures for
				  obtaining certification as a certified safety engineering and management
				  program.
(1) An application
				for certification must be made on a form provided by the Missouri Workers'
				Safety Program. Application forms may be obtained by requesting a copy from the
				Missouri Workers' Safety Program, P.O. Box 58, Jefferson City, MO 65102. The
				application must be filed within sixty (60) days of the date the insurance
				company is authorized to sell workers' compensation insurance in the state of
				Missouri. If the insurance company is authorized to sell workers' compensation
				insurance prior to the effective date of this rule, the sixty (60) days shall
				run from notification by the program manager.
(2) An application must be typewritten and
				signed by an authorized representative of the insurance carrier.
(3) A written outline of the insurance
				carriers proposed certified safety engineering and management program must be
				on file before an application will be considered complete and officially
				filed.
(4) The Missouri Workers'
				Safety Program shall conduct random on-site visits with the insureds of the
				insurance carrier as part of the certification or renewal process.
(5) Following the Missouri Workers' Safety
				Program review process, the applicant will be informed by letter of the
				approval or denial of certification. The denial letter will identify the
				reasons for denial and the appeal process.
*Original authority: 287.123, RSMo 1993 amended 1998; and
					 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995,
					 1998.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.060 - Requirements For Certification: Safety Engineers and Safety Consultants

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the requirements for
				  certification as a certified safety engineer or certified safety
				  consultant.
(1) Individuals
				applying for certification as a certified safety engineer and/or safety
				consultant shall submit a properly completed and typed application, together
				with all required documentation to the Missouri Workers' Safety
				Program.
(2) Each applicant seeking
				certification pursuant to 287.123, RSMo to be a safety engineer or safety
				consultant certified by the state pursuant to this rule shall furnish evidence
				to the division that the applicant:
(A) Is at
				least eighteen (18) years of age;
(B) Is a United States' citizen or a legal
				alien; and
(C) Has not been
				convicted of a felony during the ten (10) years immediately preceding the
				application for certification.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.070 - Application for Certification: Certified Safety Consultant/Certified Safety Engineer

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the procedures for
				  application for certification as a certified safety engineer or certified
				  safety consultant.
(1)
				Applications for certification as a certified safety consultant or certified
				safety engineer must be made on the forms provided by the Missouri Workers'
				Safety Program. Application forms may be obtained by requesting a copy from the
				Missouri Workers' Safety Program, P.O. Box 58, Jefferson City, MO
				65102.
(2) An application,
				including the applicant's Social Security number, must be typewritten, signed
				and notarized.
(3) The following
				documents must be on file with the division or must accompany the application:
(A) Authenticated copy of diploma or
				certificate;
(B) Proof of
				certification by a recognized professional agency as set out in
				8
				CSR 50-7.060(4)(B)-(F); and
(C) Any additional information as the
				division deems necessary.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.080 - Continuing Education

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule identifies the requirements for
				  obtaining continuing education for those individuals who have received
				  certification as a certified safety consultant or certified safety
				  engineer.
(1) Individuals
				seeking to maintain certification as a certified safety consultant or certified
				safety engineer shall submit annually, in writing, proof of having completed
				one (1) continuing education unit (CEU) during the preceding twelve (12)-month
				period.
(2) A CEU shall be defined
				as ten (10) contact hours of participation in an organized or continuing
				education experience under responsible sponsorship, capable directors, and
				qualified instructors. Ten (10) contact hours shall equal one (1) CEU; and
				fifty (50) minutes of instruction shall equal one (1) contact hour.
(3) The course of instruction shall be
				related to occupational safety and health, and seminar programs that offer CEU
				credit shall be preapproved by the Missouri Workers' Safety Program. Examples
				of acceptable areas of instruction are safety management, industrial hygiene,
				industrial safety, general safety, driver safety, fire safety, aviation safety,
				transportation safety, occupational safety and health administration, accident
				and statistical reporting, safety training, safety engineering, system safety
				analysis, construction safety, legal and ethical issues related to safety,
				chemical or biological safety or environmental safety.
(4) Certified safety engineers or certified
				safety consultants that want to obtain CEU credit for an unapproved seminar
				shall submit a written request to the program manager including the seminar
				brochure which outlines the seminar program and faculty for approval of the
				seminar to meet the CEU requirement. The request may be submitted after the
				seminar has occurred.
(5)
				Correspondence or home study is acceptable; provided, however, the criteria
				outlined in this rule is satisfied.
*Original authority: 287.123, RSMo 1993 and 287.650, RSMo
					 1939, amended 1949, 1961, 1980,
					 1993.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.090 - Grounds for Refusal, Revocation or Suspension of Certification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule identifies the grounds available
				  to the division for refusing to issue a certificate, or for revoking or
				  suspending any certificate that has been issued.
(1) The Missouri Workers' Safety Program may
				refuse to issue or renew any certificate for failures to comply with the
				requirements set out in
				8
				CSR 50-7.070 and
				8 CSR
				50-7.080. The Missouri Workers' Safety Program shall
				notify the applicant in writing of the reasons for the refusal and shall advise
				the applicant of his/her right to file an appeal with the Labor and Industrial
				Relations Commission.
*Original authority: 287.123, RSMo 1993 and 287.650, RSMo
					 1939, amended 1949, 1961, 1980,
					 1993.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.100 - Public Complaint Handling and Disposition Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a procedure for the
				  receipt, handling and disposition of public complaints.
(1) The Missouri Workers' Safety Program
				shall receive and process, as appropriate, any complaint made against any
				certificate holder, registered applicant or other individual entity which
				alleges certain acts or practices which may constitute one (1) or more
				violations of the Missouri Workers' Compensation Law. Complaints received from
				sources outside Missouri shall be processed in the same manner as those that
				originate within Missouri. The division director or any division staff member
				may file a complaint pursuant to this rule in the manner as any member of the
				public.
(2) Complaints should be
				mailed or delivered to the following address: Missouri Workers' Safety Program,
				P.O. Box 58, Jefferson City, MO 65102. Complaints may be based upon personal
				knowledge or beliefs based on information received from other
				sources.
(3) All complaints should
				be made in writing and shall fully identify the complainant by name and
				address.
(4) Each complaint
				received under this rule will be maintained by the division. The complaint file
				shall contain a record of each complainant's name and address; the subject(s)
				of the complaint; the date each complaint is received by the division; a brief
				statement of the complaint, including the name of any person injured or
				victimized by the alleged acts or practices; a notation whether the complaint
				resulted in dismissal by the division or formal charges being filed with the
				Missouri Department of Insurance or the division director; and the ultimate
				disposition of the complaint.
(5)
				Each complaint received under this rule shall be acknowledged in
				writing.
(6) This rule should not
				be deemed to limit the Missouri Workers' Safety Program's authority to file any
				complaint with the Missouri Department of Insurance or the division director
				charging a certificate holder of any unlawful conduct or violation. The
				complaint filed by the division shall not be limited to the acts charged in a
				public complaint.
(7) The division
				interprets this rule to exist for the benefit of those members of the public
				who submit complaints to the division. This rule does not create any cause of
				action for certificate holders against those filing complaints with the
				division.
*Original authority: 287.123, RSMo 1993 and 287.650, RSMo
					 1939, amended 1949, 1961, 1980,
					 1993.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.110 - Investigation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the procedure to be
				  used in conducting an investigation and responsibilities of the
				  complainant.
(1) Upon receipt
				of the complaint in proper form, the division may investigate the actions of
				the certificate holder, applicant or registrant against the complaint as made.
				In conducting an investigation, the division in its discretion may request the
				certificate holder, applicant or registrant under investigation to answer the
				charges made against such business or person in writing and to produce relevant
				documentary evidence and may request such person or business to appear before
				it.
(2) A copy of any written
				answer of the certificate holder, applicant or registrant shall be furnished to
				the complainant.
*Original authority: 287.123, RSMo 1993 and 287.650, RSMo
					 1939, amended 1949, 1961, 1980,
					 1993.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 7 - Missouri Workers' Safety Program › Section 8 CSR 50-7.120 - Denial of Certification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the procedure to be used
				  to appeal a decision by the Missouri Workers' Safety Program of the Division of
				  Workers' Compensation.
(1)
				Any individual or business may contest a denial of certification by requesting
				a hearing before the Labor and Industrial Relations Commission or its
				designee.
*Original authority: 287.123, RSMo 1993 and 287.650, RSMo
					 1939, amended 1949, 1961, 1980,
					 1993.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 8 - Tort Victims › Section 8 CSR 50-8.010 - Rules Governing Tort Victims

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for filing
				  and pursuing claims against the Tort Victims' Compensation Fund, sections
				  537.675
				  through
				  537.693,
				  RSMo.
(1) Compliance with
				Rule. Any party pursuing a claim against the Tort Victims' Compensation Fund
				shall comply with this rule.
(2)
				Terms Defined.
(A) Terms defined in section
				537.675,
				RSMo, shall have the same meaning when used in this rule.
(B) The following terms, when used in this
				rule, shall mean:
1. Award-A final
				administrative determination made by the division on a claim against the Tort
				Victims' Compensation Fund, or a final decision made by an administrative law
				judge or legal advisor following an evidentiary hearing, or a final decision by
				the Labor and Industrial Relations Commission or by the appellate
				court;
2. Claimant-A person filing
				a claim against the Tort Victims' Compensation Fund, alleging to be an
				uncompensated tort victim;
3. Due
				diligence in enforcing the judgment-Utilization of reasonable lawful efforts to
				collect the amount of the judgment (in whole or in part) from the judgment
				debtor, from the judgment debtor's policy or policies of insurance, and from
				the judgment debtor's property, without unreasonable delay;
4. Judgment debtor-A person or entity against
				whom judgment has been obtained and which judgment remains
				unsatisfied;
5. Tortfeasor-A person
				or entity whose negligent, grossly negligent, reckless or intentional act or
				acts, or failure to act, personally or through an agent, results in injury or
				death to any other person.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 1 - Organization › Section 8 CSR 60-1.010 - General Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the general organization
				  of the commission and the methods and procedures people may use to obtain
				  information about it, as required by section 536.023, RSMo.
(1) The purpose of the commission is to eliminate and
				prevent discrimination in housing because of race, color, religion, national
				origin, ancestry, sex, disability, or familial status. The commission also is
				empowered to eliminate and prevent discrimination in employment because of
				race, color, religion, sex, national origin, ancestry, disability, or age. The
				commission also is empowered to eliminate and prevent discrimination in public
				accommodations because of race, color, religion, national origin, ancestry,
				sex, or disability. Because of the overriding public concern in eliminating
				discriminatory practices, the commission shall have jurisdiction over all
				persons, public or private, except those specifically exempted by law.
(2) The commission has
				the powers, duties and functions to enforce Chapter 213, RSMo. The commission
				has created the position of executive director to organize a staff to aid the
				commission in the enforcement of its statutory power. The staff shall aid the
				commission in investigation and conciliation and in preparation of cases for
				hearing so that the commission's work will be performed in a manner consistent
				with its prescribed purpose of eliminating discriminatory practices in this
				state.
(3) The general public may obtain information about
				the commission or make submissions to the commission at any of the commission
				offices.
(4) The commission holds periodic meetings, which are
				open to the public, in the various congressional districts representative of
				the commission membership. Notice of these meetings appears in the public
				press, by mail to persons requesting this notice, and as provided by section
				610.020, RSMo.
*Original authority: 213.020, RSMo 1959, amended 1986,
					 1992, 1998; 213.030, RSMo 1959, amended 1978, 1986, 1992, 1993, 1995, 1998; and
					 536.023, RSMo 1975, amended 1976, 1997,
					 2004.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.010 - Complaint Investigative and Conciliatory Process

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1988)
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.035 - Notice of Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule indicates the requirements of the
				  notice to the parties of a public hearing.
(1) Upon the failure of conciliation efforts,
				the chairperson, his/her designee or the person designated as acting
				chairperson, if in his/her judgement circumstances so warrant, may order the
				case set for public hearing before a panel of commissioners or before a hearing
				examiner. Notice of public hearing shall be served on all parties not less than
				thirty (30) days prior to the scheduled date of hearing except as otherwise
				provided in
				8 CSR 60-2.130. The
				notice of public hearing shall be accompanied by a copy of the complaint, as it
				may have been amended. The notice of public hearing and accompanying documents
				shall be served by certified mail or by personal service.
(2) Proof of service shall consist of either
				the verified return of the individual who made service, which return shall set
				forth the manner of service. Proof of service by certified mail shall consist
				of the signed return receipt from the certified mail.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.045 - Parties at Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule indicates the parties at a public
				  hearing and their duties and responsibilities.
(1) The complaint shall be presented by an
				attorney of the staff of the attorney general before a commission panel or a
				hearing examiner.
(2) The complainant may be present at the hearing,
				with or without counsel. Within the limitations allowed by the presiding
				officer before the hearing date, the complainant may file motion to intervene
				in person or by counsel. The motion to intervene shall be granted, and the
				complainant after this shall be designated as the complainant-intervenor and
				shall be a party to the action with the right to submit oral testimony and
				other evidence and examine and cross-examine witnesses. The complainant,
				whether intervening or not, shall be treated as a party for discovery
				purposes.
(3) The respondent shall be a party to the proceedings
				and may be present at the hearing, with or without counsel. The respondent
				shall be allowed in person or by counsel, to examine and cross-examine
				witnesses, and may submit oral testimony and other evidence. If the respondent
				is a corporation, it shall be represented by an attorney.
(4)
				At the discretion of the presiding officer, any person other than complainant
				may be allowed to intervene, in person or by counsel, for the purposes and to
				the extent as the presiding officer shall determine.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.055 - Practice by Attorneys

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule addresses who may practice before
				  the commission and attorneys filing entries of appearance.
(1) Only persons who are licensed attorneys
				admitted to practice in this state or permitted to practice in Missouri by the
				Missouri Supreme Court rules will be permitted to practice before the
				commission. An individual who is a party may act as his/her own attorney. A
				corporation shall be represented by an attorney.
(2) The attorney representing any party in
				any proceedings under the Act shall file an entry of appearance with the
				presiding officer, and after that all notices, orders and other documents
				served by the commission shall be served upon the attorney instead of upon the
				party s/he represents, until the attorney or the party notifies the presiding
				officer in writing that the attorney no longer represents or is authorized to
				represent the party.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.075 - Ex Parte Communications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule indicates inappropriate
				  communications between the parties or their representatives, the presiding
				  officer and commission members.
(1) A party or his/her representative shall
				not communicate, directly or indirectly, with a presiding officer or any member
				of the commission in connection with any issue of fact or in connection with
				any other substantive issue relating to a specific case except upon notice and
				opportunity for all parties to participate.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.080 - Construction of Rules and Pleadings

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1988)
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.085

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.090 - Prehearing Conferences

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedures and scope
				  of prehearing conferences.
(1) The presiding officer may hold prehearing
				conferences for the purpose of facilitating the hearing process, ruling on
				motions and making other determinations as may be necessary for the efficient
				functioning of the hearing process.
(2) These prehearing conferences may be held
				by telephone conference call unless the presiding officer shall decide an
				in-person conference is required.
(3) The purpose of the prehearing conference
				shall be to-
(A) Determine the date, location,
				and length of the hearing;
(B)
				Simplify the issues;
(C) Obtain
				admissions as to, or stipulations of, facts not remaining in dispute, or
				authenticate documents which might properly shorten the hearing;
(D) Determine and discuss the status of
				discovery; and
(E) Determine other
				matters as may properly be dealt with to aid in expediting the orderly conduct
				and disposition of the proceeding.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.100 - Prehearing Discovery

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment provides that
				  discovery before the commission may be obtained in the same manner, upon or
				  under the same conditions as discovery in civil actions by rule of the Supreme
				  Court of Missouri, and as further provided by section
				  536.073,
				  RSMo.
(1) Any party may
				obtain discovery in the same manner, upon or under the same conditions and upon
				the same notice and other requirements as is or may be provided for with
				respect to discovery in civil actions by rule of the Supreme Court of Missouri
				for use in the circuit court, as provided by section
				536.073,
				RSMo.
The secretary of state has determined that the publication
					 of this rule in its entirety would be unduly cumbersome or expensive. The
					 entire text of the material referenced has been filed with the secretary of
					 state. This material may be found at the Office of the Secretary of State or at
					 the headquarters of the agency and is available to any interested person at a
					 cost established by state law.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.110 - Subpoenas and Subpoenas Duces Tecum

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedure for the
				  issuance of subpoenas and subpoenas
duces tecum
.
(1) The commission, through the secretary to
				the commission, shall issue subpoenas upon the request of any party. Subpoenas
				shall be processed in accordance with the provisions of Chapter 536,
				RSMo.
(2) The commission, in
				appropriate circumstances, shall issue subpoenas
duces tecum
upon the request of any party. Requests for issuance of a subpoena
duces tecum
shall be in writing and shall include the name of
				the person to be served; the date for his/her appearance; and a description of
				books, papers, records or documents sought to be subpoenaed.
(3) Requests for the issuance of subpoenas
				and subpoenas
duces tecum
shall be directed to the presiding
				officer appointed for the case.
(4)
				Fees. Where a subpoena or a subpoena
duces tecum
is requested
				and issued at the instance of any party to a hearing or other proceeding, the
				responsibility for service and the cost of the subpoena, witness and mileage
				fees shall be borne by the party at whose instance it has been requested and
				issued, unless otherwise ordered by the commission. Witness and mileage fees
				shall be paid in the same manner as paid in civil actions before the circuit
				courts.
(5) Failure to Obey a
				Subpoena. Subpoenas and subpoenas
duces tecum
shall be
				enforced as provided in Chapter 536, RSMo.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.120 - Corresponding Petition in Federal Court

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule indicates what may happen to a
				  case before the commission where the complainant files corresponding petition
				  in federal court.
(1) Where
				the complainant files a petition in federal or state court based on the same
				allegation, occurrence, incident and cause of action as is the basis for the
				complaint before the commission, the commission may dismiss or administratively
				close the complainant's complaint in the matter pending before the
				commission.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.130 - Continuances

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the process of
				  requesting continuances of public hearings.
(1) The presiding officer may continue a
				public hearing or prehearing conference upon a showing of good cause. Before a
				party requests a continuance, the requesting party shall contact the other
				parties to determine whether they object to the continuance and to determine
				mutually acceptable dates to which the hearing or conference may be
				rescheduled, and the information shall be included in the party's motion for
				continuance. When a public hearing is continued, the parties shall be notified
				in writing of the new hearing date within a reasonable time in advance of the
				new hearing date.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992, 1998 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.140 - Conduct of the Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the conduct of a public
				  hearing.
(1) A hearing will
				be conducted by a commission panel or a hearing examiner pursuant to of section
				213.075.3.
(2) After a case has
				been set for hearing, only the commission panel may make a final disposition of
				the case. The presiding officer shall have full power and authority to control
				the procedure of the hearing, to admit or exclude testimony or other evidence,
				to rule upon all motions or objections, to call and examine witnesses, to issue
				subpoenas and subpoenas
duces tecum
in accordance with
				8 CSR
				60-2.110, to direct the production of papers or other
				matters during the hearing and to take such other actions necessary and proper
				in expediting the order conduct and disposition of the proceeding.
(3) Two (2) or more complaints may be
				consolidated for purposes of public hearings by the presiding
				officer.
(4) The presiding officer
				shall make full inquiry into all the facts and issues and shall obtain a full
				and complete record of all facts necessary for a fair determination of the
				issues.
(5) No cameras, lights or
				mechanical recording devices shall be operated in the hearing room while a
				hearing is in progress, other than by personnel of the commission or by a court
				reporter pursuant to
				8 CSR
				60-2.160(2) except as permitted by
				Missouri Supreme Court Rules of Civil Procedure.
(6) The presiding officer may exclude from
				the hearing room or otherwise prevent from further participation during a
				hearing, any person who engages in improper conduct during a hearing. Contempt
				before a presiding officer shall be had as provided in Chapter 536,
				RSMo.
*Original authority: 213.030, RSMo 1959, amended 1978,
					 1986, 1992 and 213.075, RSMo 1986, amended
					 1992.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 60 - Missouri Commission on Human Rights › Chapter 2 - Procedural Regulations › Section 8 CSR 60-2.150 - Evidence

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the introduction of
				  evidence at a public hearing.
(1) Rulings on evidence offered at public
				hearing shall be made in accordance with Chapter 536, RSMo, and established
				rules of evidence. Objections or motions not ruled on at the hearing shall be
				considered with the record. Evidence concerning terms or offers of settlement
				made during endeavors to conciliate shall not be admitted into the
				record.
(2) When objections to the
				admission or exclusion of evidence before the presiding officer are made, the
				grounds relied upon shall be stated briefly.
(3) All testimony to be taken at the hearing,
				except matters officially noticed or entered by stipulation, shall be sworn or
				affirmed. This may include testimony given on deposition or by
				affidavit.
(4) Expert Testimony.
(A) The presiding officer may require, at
				least ten (10) days prior to hearing, that the parties to the hearing-
1. Identify each person expected to be called
				as an expert witness at the hearing;
2. State the subject matter on which the
				expert is expected to testify; and
3. State the substance of the facts and
				opinions to which the expert is expected to testify.