reglab/statecodes huggingface dataset:
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 265-10.050 - Tariffs, Time Schedules, and Motor Carrier Documentation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes certain requirements
				  for the keeping, filing, application and interpretation of certain motor
				  carrier documents including tariffs, c.o.d. records, bills of lading, expense
				  or freight bills, manifests, delivery receipts, time schedules, certificates of
				  public convenience and necessity, contract carrier permits and claim
				  registers.
(1) Tariff
				Publication. Every common carrier, authorized by the commission to engage in
				intrastate transportation of passengers other than in charter service shall
				publish and file with the commission its tariffs specifying its rates and
				charges
.
Every common carrier engaged in intrastate
				transportation of household goods between points in Missouri, shall maintain
				and publish its tariffs specifying its rates and charges. Also, such carriers
				shall keep for public inspection at each of their terminals
,
tariffs specifying their rates and charges and which shall-
(A) Conform, when published by common
				carriers of household goods to the requirements contained in the Household
				Goods Tariff Circular No. 1-2013, available at
www.modot.org/movinginmissouri
;
(B) Conform, if filed upon not less than one
				(1) day's notice by common carriers of passengers other than in charter service
				and their baggage, to the rules contained in
				7 CSR 265-10.055;
				and
(C) Any tariff not conforming
				to the rules, regulations, or rate orders issued by the commission or its
				predecessors or the applicable tariff circular may be rejected or suspended by
				the commission and the common carrier shall have thirty (30) days from the date
				of suspension to request a hearing before the Administrative Hearing
				Commission.
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 265-10.051 - Computation of Effective Dates

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment replaces
				  Administrative Law Judge with Administrative Hearing
				  Commission.
(1) In computing
				any period of time prescribed or allowed by the Missouri Department of
				Transportation Motor Carrier Services Division, the day that the division order
				is issued is not to be included. The last day of the period will be included
				unless it falls on a Saturday, Sunday, or state holiday in which case it is
				extended to the end of the next working day.
(2) When the period of time prescribed or
				allowed is less than seven (7) days, Saturdays, Sundays and legal holidays
				falling within the period will be excluded and the period will be extended
				accordingly.
(3) In computing the
				effective date of any order of the division, the order is considered effective
				at 12:01 a.m. on the effective date designated in the order, whether or not the
				date is a Sunday or legal holiday.
(4) When an act is required or allowed to be
				done at or within a specified time, the Administrative Hearing Commission, at
				its discretion, may-
(A) Order the period
				enlarged if a request is made before the expiration of the period originally
				prescribed or extended by a previ- ous order; or
(B) Permit the act to be done after the expi-
				ration of the specified period, if good cause is shown unless the lapse of that
				time period causes the division to lose jurisdiction over the matter or
				case
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 265-10.052 - Name and Address Changes for Motor Carriers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment removes obsolete
				  programs, procedures, and references and updates the location reference of a
				  coordinating rule.
(1) Motor carriers
				holding intrastate operating authority from the Missouri Department of
				Transportation Motor Carrier Services Division shall file with the division,
				not later than five (5) days after a change of name or change of address of
				their principal place of business becomes effective, a written request that the
				division record the carrier's change of name, change of address, or both. The
				request shall state the numbers of every certificate and permit issued to that
				carrier by the division and currently in force, including both active and
				suspended authority. The division shall not recognize or approve a change of
				name or change of address under this section until the carrier has complied
				with the following requirements:
(A) New
				certificates of insurance or surety bonds setting forth the carrier's new name
				and address shall be filed with and approved by the division, in accordance
				with 7 CSR 265-10.052;
(B) If the
				change involves any change of name by a corporation, limited liability
				partnership or any change of fictitious name of any person holding intrastate
				operating authority, notice of the change of name or change of fictitious name
				shall be filed with the Missouri secretary of state, as otherwise required by
				law; and
(C) If the carrier becomes
				a nonresident as a result of a change of address and the carrier does not
				maintain an office or agent in this state, it shall file with the division a
				writing which designates the carrier's authorized agent upon whom legal service
				may be made in all actions arising in this state from any operation of a motor
				vehicle under authority of any certificate or permit issued to the carrier.
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 265-10.060 - Inspection of Books, Records, Property, Equipment, and Roadside Stops by Division Personnel

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded December 30, 2013)
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 265-10.090

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 622.027, RSMo 1985, amended 1993,
					 1995.
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 265-10.100 - Regulation of Advertising by Motor Carriers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule regulates advertising by certain
				  motor carriers, in order to facilitate public recognition of unauthorized
				  carriers, and prevents certain contract carriers from improperly holding out
				  their transportation service to the general public.
(1) Every common carrier authorized to
				transport household goods or passengers in intrastate commerce who advertises
				or holds out to the general public, or a contract carrier of household goods or
				passengers in charter service who advertises or holds out intrastate
				transportation service to specific persons or specific groups in this state as
				engaging in transportation by motor vehicle of household goods or passengers in
				charter service, shall state in the advertisement or notice, in addition to any
				other information, the identifying number of that carrier's certificate issued
				by the commission, and the carrier's name or trade name as stated in the
				certificate or permit. This includes, but is not limited to, yellow pages
				telephone directory advertising.
*Original authority: 622.027, RSMo 1985, amended 1993,
					 1995.
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 265-10.110 - Joint Service and Interlining by Passenger or Household Goods Carriers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed rule sets forth when and how
				  motor carriers of passengers
or
household goods may provide
				  service at joint through rates with other motor carriers.
(1) Every motor carrier, to the extent it is
				authorized by the commission to transport passengers between points in Missouri
				over regular routes only, may participate in joint or interline service after
				compliance with the applicable tariff requirements of
				7 CSR 265-10.055
				between any point in Missouri on its own regular route where service is
				authorized by its own certificate or permit, and any other point in Missouri on
				the regular route of another motor carrier of passengers where service is
				authorized by that carrier's certificate or permit, and shall actually
				interchange passengers with the other carrier at an authorized point common to
				both carriers' certificates or permits.
(2) Every motor carrier, to the extent it is
				authorized by the commission to transport household goods after compliance with
				7
				CSR 265-10.050 between any through routes in Missouri
				where service is authorized by its own certificate or permit, and any other
				point in Missouri on the regular routes of another motor carrier of household
				goods where service is authorized by that carrier's certificate or permit, and
				shall actually interchange household goods with the other carrier at an
				authorized point common to both carriers' certificates or permits.
*Original authority: 622.027, RSMo 1985, amended 1993,
					 1995.
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 265-10.130 - Complaints

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed rule sets forth the
				  requirements for filing consumer complaints with the Missouri Highways and
				  Transportation Commission.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Authority to File Complaints. Complaints
				may be made regarding the movement of household goods in intrastate commerce
				against any motor carrier upon the filing of such complaint with the
				commission.
(2) Complaint
				Information. The complainant shall provide to the commission the information as
				required on the commission's complaint form as published by the Missouri
				Highways and Transportation Commission, Motor Carrier Services Division, which
				is incorporated herein by reference and made a part of this rule as published
				by the Missouri Highways and Transportation Commission, Motor Carrier Services
				Division. The form may be located at
www.modot.org/movinginmissouri.
. April 8, 2013. This rule does not include subsequent amendments or
				additions.
(3) Dismissal. The
				complaint shall be dismissed without action and the complainant shall be
				notified by the commission if the complainant fails to file the required
				information; the description or documentation of the complaint is unclear and
				not sufficient to determine what act or omission is being described within the
				complaint; the complaint is not within the jurisdiction of the commission or
				the complaint is unfounded. No complaint shall be dismissed solely because of
				the absence of direct damage to the complainant.
(4) Disclosure. Only information open for
				public inspection shall be divulged to the complainant.
(5) Federal Coordination. The commission may
				coordinate interstate commerce complaint investigations, findings, and
				disposition with the U.S. Department of Transportation, Federal Motor Carrier
				Safety Administration.
(6)
				Complaint Resolution. The respondent and commission may resolve the complaint
				without any approval of the complainant. If a complaint is not resolved between
				the commission and the respondent, the commission may prosecute the complaint
				as authorized by law.
*Original authority: 622.027, RSMo 1985, amended 1993,
					 1995.
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 265-10.140 - Discontinuance of Service; Suspension and Revocation of Certificates, Permits, and Property Carrier Registrations.

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment removes unnecessary
				  language, and changes the responsibility of ordering revocation from the
				  Administrative Hearing Commission to the commission.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) The Missouri Highways and Transportation
				Commission may cancel a certificate, permit, or property carrier registration
				which authorizes the transportation of passengers or property, upon receiving
				written notice from the person to whom the authority was issued which indicates
				that the person has discontinued that transportation service.
(2) Whenever the
				commission suspends the certificate, permit, or property carrier registration
				of a motor carrier as provided under section
				390.106,
				RSMo, the commission shall immediately notify the carrier of the suspension by
				mailing a copy of the suspension order to the carrier's principal place of
				business or mailing address, if different, as shown upon the commission's
				records. Within a reasonable time after suspension, the commission may request
				the carrier show cause why his/her certificate, permit, or property carrier
				registration should not be revoked.
(3) Upon a finding that
				any of the grounds exist for revocation as set forth in subdivisions (1), (2),
				(3), or (4) of section
				390.106,
				RSMo, the commission may order the revocation of the carrier's certificate,
				permit, or property carrier registration upon not less than thirty (30) days
				notice to the carrier. The notice shall be sent by mail to the carrier's
				principal place of business or mailing address, if different, as shown upon the
				commission's records, to any carrier who holds intrastate authority.
(4)
				When a carrier has been given notice as provided in this rule, a certificate,
				permit, or property carrier registration shall not be reinstated or restored to
				active status after the effective date of an order which has revoked that
				certificate or permit.
*Original authority: 622.027, RSMo 1985, amended 1993,
					 1995.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 1 - Organization › Section 8 CSR 10-1.010 - Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: In compliance with section
				  536.023,
				  RSMo 1986, this rule outlines sources of information regarding the organization
				  of the Division of Employment Security. This rule implements sections
				  288.020,
				  288.220
				  and
				  288.270,
				  RSMo 1986 dealing with organization of the division.
(1) Information with respect to the Missouri
				Employment Security Law and the administration of the law may be secured from
				the Division of Employment Security, 421 East Dunklin, P.O. Box 59, Jefferson
				City, MO 65102.
(2) Requests for
				information may also be submitted through any one (1) of the various local
				offices throughout the state.
*Original authority: 288.220, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971, and 1995.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 2 - Administration › Section 8 CSR 10-2.010 - Maintenance and Disposal of Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides information regarding the
				  Division of Employment Security's Agency Records Disposition Schedule for the
				  retention of certain records. This rule implements section
				  288.360,
				  RSMo.
(1) The Division of
				Employment Security has adopted the Secretary of State's Records Management
				Division
Missouri General Retention and Disposition Schedule
,
				approved August 2, 2007, and the Department of Labor and Industrial Relations,
				Division of Employment Security
Agency Records Disposition
				Schedule
, approved December 17, 2008.
(2) Copies of the schedules may be obtained
				by sending a written request to Department of Labor and Industrial Relations,
				Administrative Services Section, PO Box 59, Jefferson City, MO
				65104-0059.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 2 - Administration › Section 8 CSR 10-2.020 - Charges for Copies of Records, Reports, Decisions, Transcripts or Other Papers or Documents

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the method by which
				  the director establishes the rate of charge for furnishing copies of documents
				  to persons entitled to those records. This rule implements section 288.360.3,
				  RSMo.
(1) Copies of any
				records, reports, decisions, transcripts or other papers or documents from the
				division's files may be furnished to any person entitled to inspect those
				records upon the payment to the division of the charges established by the
				director. These charges are established in January of each year. A pamphlet
				listing the charges and the required payment procedure is made available by the
				division to all interested persons.
(2) Exceptions to the provisions of section
				(1) of this rule are as follows:
(A) The
				division may choose, within its discretion, to provide records without payment
				to any party who is otherwise authorized to receive them and who qualifies for
				free records under 20 CFR Part 603. In such cases, the division will make a
				finding that the information is necessary for the proper administration of the
				unemployment compensation program, that the disclosure involves no more than an
				incidental amount of staff time and no more than nominal processing costs, or
				that the division has a reciprocal agreement in place with the recipient, under
				which both parties receive approximately equal benefits; or
(B) In any proceeding pending before an
				appeals tribunal, claimants or their attorneys, upon request in writing to the
				appeals tribunal, shall be supplied with information from the division's
				records without charge to the extent necessary for the proper preparation and
				presentation of any claim for unemployment or any appeal.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 2 - Administration › Section 8 CSR 10-2.030 - Administrative Orders of the Director to Cover Emergency Situations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule allows the director of the
				  division, under special emergency circumstances, to temporarily substitute
				  requirements of the division's rules by administrative order in order to
				  conserve the rights of claimants, employers or employing units. This rule
				  implements section
				  288.220,
				  RSMo.
(1) When claimants for
				benefits, employers or employing units have been prevented from meeting any of
				the requirements of the division's rules by reason of an emergency, the
				director by administrative order temporarily may substitute for any of the
				requirements of the rules other requirements as are reasonable and proper under
				special emergency circumstances to conserve the rights of the claimants,
				employers or employing units.
*Original authority 1951, amended 1955, 1961, 1963, 1967,
					 1971.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.010 - Registration and Claims in General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes registration reporting
				  requirements as conditions precedent to claiming benefits for total
				  unemployment. This rule applies to those claims for unemployment insurance
				  benefits to which
				  8
				  CSR 10-3.020,
				  8 CSR 10-3.040
				  and the Shared Work provisions of Chapter 288, RSMo, do not
				  apply.
(1) A claimant files
				an initial claim for determination of status as an insured worker by-
(A) Contacting a claims center of the
				division by telephone and complying with filing procedures as directed by the
				deputy; or
(B) Communicating in
				writing a desire to file an initial claim. The claim will be considered filed
				on the date the written communication is postmarked, or if not postmarked, the
				date received, provided that the claimant contacts the claims center and
				complies with filing procedures as directed by the deputy no later than
				twenty-eight (28) calendar days following the end of the week in which the
				division receives that written communication; or
(C) Other means as may be prescribed by the
				director.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.020 - Registration and Claims of Certain Workers Who Become Totally Unemployed Because of a Mass Layoff Due to a Temporary Cessation of Work

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 30, 2004)
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.030 - Registration and Claims of Certain Unemployed Workers Who Remain Attached to Their Regular Employer

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded December 31, 1990)
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.040 - Interstate Claims

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for cooperation with
				  other states in the taking of inter-state claims under the Interstate Benefit
				  Payment Plan. This rule implements section
				  288.340,
				  RSMo.
(1) Definitions. As
				used in this rule, unless the context clearly requires otherwise-
(A) Agent state means any state in which an
				individual files a claim for benefits against another state;
(B) Benefits means the compensation payable
				to an individual with respect to his/her unemployment under the unemployment
				insurance law of any state;
(C)
				Interstate Benefit Payment Plan means the plan approved by the Interstate
				Conference of Employment Security Agencies under which benefits shall be
				payable to unemployed individuals absent from the state(s) in which benefit
				credits have been accumulated;
(D)
				Interstate claimant means an individual who files a claim for benefits pursuant
				to the unemployment insurance law of a liable state through or from an agent
				state and continues to claim benefits while absent from the liable state.
				Interstate claimant does not include an individual who maintains a residence in
				the agent state and who customarily commutes to work in a liable state unless
				the Division of Employment Security finds that this exclusion would create
				undue hardships;
(E) Liable state
				means any state against which an individual files, through or from another
				state, a claim for benefits; and
(F) Week of unemployment includes any week of
				unemployment as defined in the law of the liable state from which benefits with
				respect to that week are claimed.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.050 - Benefits Reduced by Other Remuneration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for reporting and defines
				  methods of reducing benefits based on claimant's receipt of remuneration other
				  than wages. This rule implements section
				  288.040,
				  RSMo.
(1) Any remuneration in
				the form of compensation for temporary partial disability and any pension paid
				in whole or in part from funds furnished by an employing unit, to the extent
				that the pension is provided from funds not provided by the claimant, which is
				claimed, awarded or received, shall be reported by the claimant upon making
				claim for unemployment benefits.
(2) The weekly equivalent of any monthly
				payment shall be twenty-three percent (23%) of the amount of the monthly
				payment or forty-six percent (46%) of the amount of any semimonthly
				payment.
(3) Whenever the claimant
				is otherwise eligible, no unemployment benefits shall be denied or reduced for
				any week of unemployment ending prior to the date of his/her receipt of the
				final decision allowing any payment which the claimant is required by this rule
				to report to the division.
*Original authority: 288.220, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.060 - Benefits Due Deceased Claimants

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule identifies the person to receive
				  benefits due a deceased claimant and sets out the method of payment. This rule
				  implements section
				  288.060,
				  RSMo.
(1) If benefits are due
				a deceased person, those benefits shall be paid to the person(s) who has been
				issued letters testamentary or of administration pursuant to an application
				filed within thirty (30) days after the claimant's death.
(2) In the event that no application for
				letters testamentary or of administration has been filed within thirty (30)
				days after the claimant's death, the benefits which were due the claimant shall
				be paid to the decedent's surviving spouse, if any; or, if no spouse survives
				the decedent and s/he is survived by an unmarried minor child(ren), then the
				benefits, at the discretion of the director, shall be paid to-
(A) The guardian(s) of the unmarried minor
				child(ren) for the benefit of the child(ren);
(B) Any person or institution who or which
				the director finds shall have assumed the obligation of the providing support
				for or maintenance of the minor child(ren);
(C) Any person who the director finds has
				furnished to the child(ren) necessities of a value equaling or exceeding the
				amount of benefits; or
(D) Any
				person who the director finds has paid expenses of the claimant's last illness
				or his/her burial expenses in an amount equaling or exceeding the amount of
				benefits.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.070 - Notices to Workers Concerning Unemployment Benefits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the method of notice to
				  workers of coverage under the law. This rule implements section
				  288.130,
				  RSMo.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) Each employer
				subject to the Missouri Employment Security Law shall post and maintain the
				division's placard, Notice to Workers Concerning Unemployment Benefits, in a
				sufficient number of places on his/her premises to assure that this notice will
				be reasonably visible to all workers.
(2) Each employer shall similarly post any
				other notices required by the division.
(3) Each employer for whom services are
				performed by individuals who may not reasonably be expected to see posted
				notices shall notify each such worker in writing of the substance of the
				information on any notice.
(4) Each
				employer shall give to each of his/her workers who is separated from his/her
				employment a copy of the booklet,
Information for Workers
, about employment
				  security in Missouri.
*Original authority: 288.220, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.080 - Charging of Benefits Paid to Individuals Employed by Two or More Employers

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded December 31, 1990)
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.085 - Charging of Benefits to Reimbursable Employers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule informs reimbursable employers of
				  their responsibility for employment benefits paid to their
				  employees.
(1) Any employer
				that elects to make payments in lieu of unemployment contributions shall be
				liable for all unemployment benefits based on wages paid by the employer for
				services in employment. A reimbursable employer shall not have charges relieved
				pursuant to section
				288.100,
				RSMo. A reimbursable employer shall, therefore, not be relieved of charges
				under any of the following circumstances:
(A)
				The claimant was disqualified pursuant to section
				288.050,
				RSMo;
(B) The claimant continued
				part-time work with the employer while receiving partial unemployment benefits
				because of the claimant's separation from another employer;
(C) The claimant quit the employer for a more
				remunerative job or quit temporary work with the employer to return to the
				claimant's regular employer;
(D)
				The claimant worked less than twenty eight (28) days or earned less than four
				hundred dollars ($400) gross wages from the employer;
(E) The claimant was discharged by the
				employer for a reason set forth in subsection 13 of section
				660.315,
				RSMo; or
(F) The claimant was
				placed on a disqualification registry maintained by the Department of Mental
				Health.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.090 - Combining Wage Credits of Multistate Claimants

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the method for handling
				  the combining of claimant's wages earned in more than one state for benefit
				  purposes. This rule implements section
				  288.340,
				  RSMo. This rule was previously known as regulation no. 21.
Claims for benefits requiring the combining of wage credits
				  in two (2) or more states shall be filed and processed in accordance with
				  procedures and instructions set out in the United States Department of Labor's
				  Employment and Training (ET) Handbook No. 399.
*Original authority: 288.220, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971, 1995.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.100 - Predetermination Interview and Initial Determination

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for predetermination
				  interview in matters involving new and renewed claims and sets forth conditions
				  and procedure for these interviews. This rule implements section
				  288.070,
				  RSMo.
(1) The provisions of
				this rule will apply to any initial or renewed claim.
(2) The deputy shall provide for an interview
				of each claimant prior to making a determination. If an interested employer or
				interested employing unit desires to be present at this interview, the
				interested employer or employing unit shall request of the division's claims
				center the date and time of the interview. The employer or employing unit shall
				provide the division's claims center with a telephone number where the employer
				may be contacted at the time scheduled for the interview.
(3) The deputy shall give, either orally or
				in writing, the interested employer or interested employing unit, the date and
				time of the interview.
(4) Unless
				the deputy, for good cause, determines otherwise, interviews shall be held by
				telephone at a claims center of the division. Any interview may be adjourned,
				postponed or continued from time-to-time or place-to-place at the discretion of
				the deputy.
(5) In the event an
				interested employer or employing unit is present at the claimant interview,
				after the statement of the claimant, the interested employer or employing unit
				shall give its statement and each party after that shall have an opportunity to
				make a rebuttal statement of fact. The deputy shall conduct the interview in
				the manner in which s/he believes will best develop all of the pertinent facts
				with respect to the issues and the rules of evidence shall not apply.
*Original authority: 288.220, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971, 1995.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.110 - Filing of Claims Protests by Facsimile Transmission

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the manner in which
				  the division will accept facsimile transmitted claims protests.
Facsimile transmissions (fax) of claims protests as provided
				  for in section 288.070.1, RSMo that are received by an office of the division
				  on a regular workday will be considered as filed on that day. A fax
				  transmission received on a Saturday, Sunday or legal holiday will be considered
				  as filed on the next regular division workday. Date and time of receipt will be
				  determined by the division's receiving office's facsimile machine. Persons
				  making fax transmissions must retain their receipt with the original copy for
				  reference by the division if so requested.
*Original authority: 288.220.5, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.120 - Requirement to Report for and Participate in Reemployment Services in Connection with a Worker Profiling System

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded December 30, 1995)
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.140 - Reemployment Trade Adjustment Assistance Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides guidance regarding
				  individual eligibility under the federal Reemployment Trade Adjustment
				  Assistance Program, as enacted in the United States Trade and Globalization
				  Adjustment Assistance Act of 2009 (Division B, Title I, Subtitle I of the
				  American Recovery and Reinvestment Act of 2009, Public Law No. 111-5) on
				  February 17, 2009. This rule implements 19
United States Code
,
				  Section 2318(a)(3)(B)(iii)(I).
(1) For purposes of Reemployment Trade
				Adjustment Assistance (RTAA), a "full-time employee" is one who has a work week
				of at least forty (40) hours, or who works the number of hours generally
				accepted by industry custom or practice as full-time employment, as established
				by the RTAA applicant by evidence presented to the Division of Employment
				Security or its designee.
*Original authority: 288.220, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971, 1995.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.150 - Fraud Penalties on Federal and State Benefits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule implements an amendment to the
				  federal Social Security Act made by Section 251 of the federal Trade Adjustment
				  Assistance Extension Act of 2011 , Public Law No. 112-40, mandating that states
				  assess a monetary fraud penalty on both state and federal unemployment benefits
				  in an amount of not less than fifteen (15%) percent of the amount of the
				  fraudulent payments and that the money thereby collected be deposited into the
				  state's unemployment compensation fund.
(1) Any individual who receives state or
				federal unemployment benefits by intentionally misrepresenting, misstating, or
				failing to disclose any material fact, or by intentionally offering misleading
				information, has committed fraud and such individual shall be assessed a
				penalty as provided in subsection 9 of section
				288.380,
				RSMo.
(2) With regard to payments
				made toward a penalty amount assessed pursuant to subsection 9 of section
				288.380,
				RSMo, an amount equal to fifteen percent (15%) of the total amount of benefits
				fraudulently obtained shall be immediately deposited into the state's
				unemployment compensation fund, and the remaining penalty amount shall be
				credited to the special employment security fund.
*Original authority: 288.220, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971, 1995, and 288.390, RSMo
					 1961.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 3 - Unemployment Insurance › Section 8 CSR 10-3.160 - Waiver of Recovery of Overpayments Under the Coronavirus Aid, Relief and Economic Security Act (CARES)

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes criteria for waiver of
				  recovery of overpaid unemployment benefits under the CARES Act, as amended,
				  that were not obtained through fraud. The intent of this rule is to allow those
				  individuals with non-fraud overpayments under the federal coronavirus relief
				  programs to request a waiver of recovery of overpayments and to set forth the
				  criteria under which those requests will be evaluated. Such waivers are
				  authorized by the federal coronavirus relief programs. See, e.g., CARES Act,
				  Sections 2104(f), 2107(e); Continued Assistance for Unemployed Workers Act,
				  Section 201.
(1) Any person
				who is overpaid unemployment benefits under the CARES Act, as amended, is
				liable for the amount overpaid unless, based upon an application to the
				division in a format prescribed by the division, the division determines that
				the claimant is entitled to a waiver of recovery of the overpayment, based on
				the following criteria:
(A) The overpayment
				was received without fault of the claimant, and
(B) The recovery of the overpayment would be
				against equity and good conscience.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 4 - Unemployment Insurance › Section 8 CSR 10-4.010 - Identification of Workers Covered by the Missouri Employment Security Law

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for identification by
				  federal Social Security number of persons covered under the law. This rule
				  implements section
				  288.220,
				  RSMo. This rule was previously known as regulation no. 8.
(1) Each worker engaged in employment as
				defined in the Missouri Employment Security Law, including services covered by
				election, shall procure a federal Social Security account number and furnish
				that number to every employer for whom s/he performs services in
				employment.
(2) Each employer shall
				ascertain the federal Social Security account number of each worker performing
				services in employment for him/her.
(3) The employer shall report the worker's
				federal Social Security account number in making any protest to benefits or on
				any report required by the division with respect to a worker.
(4) Each worker shall furnish his/her federal
				Social Security account number to the division whenever s/he files an initial
				claim for benefits; and at any other time the information is
				requested.
*Original authority: 288.220, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 4 - Unemployment Insurance › Section 8 CSR 10-4.020 - Records and Reports

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the records which
				  employers are required to maintain and specifies as to the information
				  contained and availability of those records. This rule implements section
				  288.130,
				  RSMo. This rule was previously known as regulation no. 9.
(1) Each employing unit shall maintain
				payroll records for each worker which shall show-
(A) The worker's name and Social Security
				account number;
(B) The date on
				which s/he was hired, rehired or returned to work after temporary layoff, and
				the date, if any, when his/her name was removed from the payroll;
(C) Each day the worker performed services;
				provided, however, any employing unit may maintain records only of each week in
				which the worker performed services, if it is admitted by the employing unit
				that for all purposes of the Employment Security Law there was one (1) day in
				the week on which all workers appearing on the weekly record performed some
				services;
(D) The place where the
				work was done; and
(E) The date of
				the beginning and ending of each payroll period.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 4 - Unemployment Insurance › Section 8 CSR 10-4.040 - Experience Rating

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes conditions under which
				  a calculated experience tax rate is permissible, cut-off date for adjustments
				  in prior reports and conditions for accepting voluntary contributions. This
				  rule implements sections
				  288.090,
				  288.113
				  and
				  288.125,
				  RSMo. This rule was previously known as regulation no. 11.
(1) An employer shall be eligible for
				experience rating for a calendar year in the event that-
(A) S/he was an employer on or before the
				first day of the twelve (12)-month period immediately preceding the calculation
				date for that year; and
(B) There
				was no period of eight (8) or more consecutive calendar quarters, in the first
				eleven (11) of the last thirteen (13) calendar quarters immediately preceding
				the calculation date for that year, in which no wages for employment were paid
				by that employer.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 4 - Unemployment Insurance › Section 8 CSR 10-4.050 - Notice of Termination of Coverage

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the method for
				  notifying workers of termination of coverage under the law. This rule
				  implements section
				  288.080,
				  RSMo. This rule was previously known as regulation no. 12.
(1) Any employing unit whose application for
				termination of coverage is approved shall give notice of termination to each
				worker who is in employment on the date the employing unit receives the notice
				of the division's action. This shall be done by having each worker read and
				sign the notice. After the notifications, the notice form shall be
				conspicuously posted in the employing unit's principal place of business for a
				period of ninety (90) days. After that period, the employing unit shall certify
				to the facts of notice and posting and return the form to the division for its
				records.
(2) For a period of
				fifteen (15) months after the date of termination, the employing unit shall
				give to each of its workers separated from its employment a copy of the booklet
Information for Workers
about employment security in
				Missouri.
The full text of any material that the adopting agency has
					 incorporated by reference in this rule will be made available to any interested
					 person at both the Office of the Secretary of State and the office of the
					 adopting state agency, pursuant to section
					 536.031(4),
					  RSMo. Such material will be provided at the
					 cost established by state law.
*Original authority: 288.220, RSMo 1951, 1955, 1961, 1963,
					 1967, 1971.