reglab/statecodes huggingface dataset:
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 10-4.060 - Probationary Employment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the method of reporting
				  probationary employment. This rule implements section
				  288.100,
				  RSMo. This rule was previously known as regulation no.14
(1) When an individual was employed by
				employer no longer than a probationary period of twenty-eight (28) consecutive
				days, no charge shall be made against employer's account in respect to benefits
				paid the individual, provided the probationary period of employment has been
				reported by a notation on the employer's wage report, required under
				8
				CSR 10-4.030 Contribution and Wage Reports and Payment
				of Contributions, which will give the beginning and ending dates of employment
				and a statement that the employment was probationary. Any employment of an
				individual after the first twenty-eight (28) days removes all such employment
				from probationary status.
*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 10-4.070 - Supplementary Statistical Report for Multi-Area Employers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes how statistical
				  information by area, by industry is to be supplied where multiple operations of
				  an employer are included in a combined report. This rule implements section
				  288.130,
				  RSMo. This rule was previously known as regulation no. 16.
(1) The term area as used in this rule means
				the several counties of this state and the cities of St. Louis, Kansas City,
				St. Joseph and Springfield; except that the counties of Jackson, Buchanan and
				Greene outside the cities of Kansas City, St. Joseph and Springfield shall
				constitute separate areas.
(2) A
				multi-area employer is any employer who has more than fifty (50) workers in all
				areas other than the area in which that employer has his/her principal
				employment.
(3) The division's
				form, Supplementary Statistical Report for Calendar Quarter Ending
				_______________________, shall be completed by each multi-area employer for
				each calendar quarter and shall be returned to the division on or before the
				twenty-fifth day of the month following the calendar quarter covered by the
				report unless an extension of time is granted.
(4) If an employer can show that compliance
				with the previous requirement works an undue hardship, the division may approve
				any reasonable plan through which the employer can supply information
				equivalent to that required to be shown on the previously mentioned
				report.
*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 10-4.090 - Employer Elections to Cover Multistate Workers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the procedures and
				  definitions necessary to process elections of coverage and reporting of
				  multi-state workers. This rule implements section
				  288.340,
				  RSMo. This rule was previously known as regulation no. 20.
(1) This rule shall govern this division in
				its administrative cooperation with other states subscribing to the Interstate
				Reciprocal Arrangement, referred to as the Arrangement.
(2) Definitions. As used in this rule, unless
				the context clearly indicates otherwise-
(A)
				Agency means any officer, board, commission or other authority charged with the
				administration of the unemployment compensation law of a participating
				jurisdiction;
(B) Interested
				jurisdiction means any participating jurisdiction to which an election
				submitted under his/her regulation is sent for its approval; and interested
				agency means the agency of that jurisdiction;
(C) Jurisdiction means any state of the
				United States, the District of Columbia, Puerto Rico, the Virgin Islands, the
				Dominion of Canada or, with respect to the coverage of any Federal Unemployment
				Compensation Law, the federal government;
(D) Participating jurisdiction means a
				jurisdiction whose administrative agency has subscribed to the arrangement and
				whose adherence to the arrangement has not terminated; and
(E) Services customarily performed by an
				individual in more than one (1) jurisdiction means services performed in more
				than one (1) jurisdiction during a reasonable assurance that they will continue
				to be performed in more than one (1) jurisdiction or if those services are
				required or expected to be performed in more than one (1) jurisdiction under
				the election.
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 10-4.100 - Minimum Standard for the Payment of Unemployment Benefits Required by Section 288.390 (1978) to Entitle Employers to Claim the Maximum Allowable Credit Against the Federal Unemployment Tax

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 11, 1984)
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 10-4.110 - Minimum Standard for Payment of Unemployment Insurance Benefits to Claim Maximum Allowable Credit Against the Federal Unemployment Tax

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 11, 1982)
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 10-4.111 - Minimum Standard for Payment of Unemployment Insurance Benefits to Claim Maximum Allowable Credit Against the Federal Unemployment Tax

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 11, 1984)
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 10-4.130 - Treatment of Employees Providing Services to Educational Institutions

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 11, 1984)
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 10-4.140 - Clarification of Beauty Salon and Similar Establishment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides clarification of terms
				  beauty salon and similar establishment as contained in section 288.032.4,
				  RSMo.
(1) As used in section
				288.032.4, RSMo, the term beauty salon shall be limited to an establishment
				which is required to obtain a certificate of registration under section
				329.045,
				RSMo.
(2) As used in section
				288.032.4, RSMo, the term similar establishment shall be limited to an
				establishment in which the occupation of a barber, as defined in section
				328.010, RSMo, is
				performed.
*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 4 - Unemployment Insurance › Section 8 CSR 10-4.150 - Employer-Employee Relationship

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule ensures consistent interpretation
				  of section 288.034.5, RSMo.
(1) In order to interpret section 288.034.5,
				RSMo, effective June 30, 1989, the division shall apply the common law rules
				applicable in determining the employer-employee relationship under 26 U.S.C.,
				Section 3306(i). In applying the provisions of 26 U.S.C., Section 3306(i) the
				division shall consider the case law, Internal Revenue Service regulations and
				Internal Revenue Service letter rulings interpreting and applying that
				subsection.
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: 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 4 - Unemployment Insurance › Section 8 CSR 10-4.180 - Coverage of Indian Tribes

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule implements the federally mandated
				  coverage of Indian tribes under the Missouri Employment Security Law, Chapter
				  288, RSMo.
(1) Definitions.
				As used in this rule, except as otherwise required for the content, the
				following terms shall have the meanings ascribed:
(A) Director-The administrative head of the
				Division of Employment Security.
(B) Division-The Division of Employment
				Security.
(C) Indian tribe-The
				meaning given to such term in section 3306 of the Federal Unemployment Tax Act
				( 26
				U.S.C. 3306 ).
(D) Employer-Includes any Indian tribe for
				which service in employment as defined in section
				288.034, RSMo
				is performed.
(E)
				Employment-Includes service performed in the employ of an Indian tribe,
				provided such service is excluded from employment as defined in the Federal
				Unemployment Tax Act solely by reason of section 3306(c)(7) of the Federal
				Unemployment Tax Act, and is not otherwise excluded from employment under
				Chapter 288, RSMo. For purposes of this rule, the exclusions from employment in
				subsection 9 of section
				288.034, RSMo
				shall be applicable to services performed in the employ of an Indian
				tribe.
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 10-4.190 - State Unemployment Tax Act Dumping

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule implements federally mandated
				  legislation regarding State Unemployment Tax Act Dumping under the Missouri
				  Employment Security Law, section 288.110.2, RSMo.
(1) When used in section 288.110.2, RSMo the
				following terms mean:
(A) "Substantially
				common ownership" exists if, on the date of an acquisition of the organization,
				trade or business of an employing unit, a shareholder, officer, or other owner
				of a legal or equitable interest in the predecessor employing unit, or the
				spouse, natural child, stepparent, stepsibling, or a person within the first or
				second degree of consanguinity or affinity or secondary affinity of the
				shareholder, officer, or other owner:
1. Is a
				shareholder, officer or other owner of a legal or equitable interest in the
				successor-employing unit; or
2.
				Holds an option to purchase a legal or equitable interest in the
				successor-employing unit.
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 10-4.200

Current through Register Vol. 49, No. 14, July 15, 2024
*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 4 - Unemployment Insurance › Section 8 CSR 10-4.210 - Prohibition on the Non-Charging of Benefits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule implements an amendment to the
				  Federal Unemployment Tax Act made by Section 252 of the federal Trade
				  Adjustment Assistance Extension Act of 2011 , Public Law No. 112-40, mandating
				  that states prohibit the non-charging of certain overpaid unemployment benefits
				  to employers' separate experience rating accounts.
(1) No employer's account shall be relieved
				of charges relating to a payment that was erroneously made from the
				unemployment compensation fund if the division determines that-
(A) The erroneous payment was made because
				the employer or an agent of the employer was at fault for failing to respond
				timely or adequately to a written request from the division for information
				relating to a claim for unemployment benefits; and
(B) The employer or an agent of the employer
				has established a pattern of failing to respond timely or adequately to
				requests made under subsection (A) of this section.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 5 - Appeals › Section 8 CSR 10-5.010 - Appeals to an Appeals Tribunal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes procedures where
				  interested parties may appeal determinations made by the Division of Employment
				  Security. This rule implements section
				  288.190,
				  RSMo.
(1) The provisions of
				this chapter will apply to any appeal, petition for reassessment, or other type
				of request for hearing conducted by an appeals tribunal unless specifically
				provided otherwise by state or federal law or regulation.
(2) For purposes of these regulations, the
				following definitions apply:
(A) Agent-The
				person authorized to act in a representative capacity for a claimant pursuant
				to Missouri Supreme Court Rule 5.29 and these regulations;
(B) Appear means that the participants-
1. Arrive at the physical location of the
				hearing at the time and location set forth on the notice of hearing;
				or
2. Join the telephone conference
				as instructed on the notice of hearing at the time of the hearing;
(C) Good cause-For the purposes of
				sections 288.070.10 and
				288.130.5,
				RSMo, and of this chapter, good cause shall be those circumstances in which the
				party acted in good faith and reasonably under all the circumstances;
(D) Hearing officer-The person responsible
				for ruling on procedural matters, conducting the hearing, and preparing a final
				appealable judgment from evidence presented in the hearing. The term hearing
				officer shall include the terms "Referee" and "Appeals Tribunal" as defined in
				section 288.030.1, RSMo;
(E)
				Party-The individual, agency, or business entity which has taken action to
				become an interested party pursuant to sections
				288.070,
				288.130,
				and
				288.160,
				RSMo;
(F) Representative-Any person
				acting in a representative capacity with regard to unemployment appeals as
				authorized by Chapter 288, RSMo, Missouri Supreme Court Rules, and these
				regulations. Depending on the context, the word is used to refer both to
				employer representatives and all persons authorized to act in a representative
				capacity in these matters;
(G)
				Split hearings-Those appeals hearings in which some parties and their witnesses
				may appear in person and others by telephone, by prearrangement with the
				hearing officer;
(H) Telephone
				hearing-An appeals hearing in which all participants appear by
				telephone;
(I) Witness-A person who
				is presented for testimony at a hearing by a party to an appeal.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 5 - Appeals › Section 8 CSR 10-5.015 - Appeal Hearings and Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Consistent with Executive Order 17-03, the
				  amendment rescinds subsection (6)(B) of the rule regarding postponement
				  requests by representatives and attorneys due to existing conflicts and
				  renumbers the remaining subsections of section (6) of the rule.
(1) Copy of Appeal. Upon the division's
				receipt of an appeal, the appeal shall be acknowledged and the parties shall be
				provided with a copy of the division's informational pamphlet concerning
				hearings and copies of the documents from the appeals file upon which the
				determination was based.
(2) A
				hearing officer upon his/her own motion, or at the request of a party, in the
				hearing officer's discretion may direct the parties to appear at a specified
				time and place for a conference to consider-
(A) The simplification of the
				issues;
(B) The possibility of
				obtaining stipulations, admission of facts or of documents;
(C) The limitation of witnesses;
				and
(D) Other matters as may aid
				the disposition of the proceedings.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 5 - Appeals › Section 8 CSR 10-5.020 - Delivery of Notice and Periods for Filing Protests and Appeals

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded March 13, 1983)
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 5 - Appeals › Section 8 CSR 10-5.030 - Telephone Hearings Before a Hearing Officer

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes procedures for
				  conducting due process hearings by telephone conference under section
				  288.190,
				  RSMo.
(1) Exhibits.
(A) Copies of the contents of the appeal file
				upon which the determination is based which may be used as exhibits shall be
				mailed to the parties to telephone hearings and split hearings prior to the
				hearing date.
(B) Parties to split
				or telephone hearings shall mail copies of potential exhibits to the hearing
				officer and any other named party in sufficient time for the exhibit to reach
				those locations prior to the hearing.
(C) Mailing of exhibits shall be to the
				address of the party shown on the Notice of Hearing. The item(s) shall be
				designated as a potential exhibit and paginated.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 5 - Appeals › Section 8 CSR 10-5.035 - Appeal Hearings for Interstate Claimants

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule governs the conduct of hearings by
				  an appeals tribunal for interstate claimants.
(1) The definitions found in
				8 CSR 10-3.040,
				unless the context clearly requires otherwise, shall apply to this
				rule.
(2) An appeal made by an
				interstate claimant shall be deemed filed on the date endorsed by the United
				States Post Office. In the absence of an endorsement by the United States Post
				Office, the appeal shall be deemed to have been filed on the date received by
				any qualified officer of the agent state or by the division.
(3) Except when an in-person hearing is
				appropriate, the appeals tribunal shall apply the telephone hearing procedures
				set out in
				8 CSR
				10-5.030 to appealed interstate benefit
				claims.
(4) The appeals tribunal
				shall afford all reasonable cooperation in the taking of evidence and the
				holding of hearings in connection with appealed interstate benefit claims when
				so requested by a liable state.
*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 5 - Appeals › Section 8 CSR 10-5.040 - Orders of a Hearing Officer

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes procedures for
				  dismissal of certain appeals.
(1) Timeliness of Appeals. If it appears to
				the hearing officer, upon examination of the file, that an appeal was not filed
				within the time allowed by statute, the hearing officer may:
(A) Dismiss the appeal; or
(B) Set the matter for hearing to include
				consideration of the merits of the appeal in addition to the timeliness of the
				appeal. If it is found that no timely appeal was filed, the hearing officer
				shall dismiss the appeal without ruling on the merits.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 5 - Appeals › Section 8 CSR 10-5.050 - Decisions of an Appeals Tribunal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the decision
				  activities which follow the conclusion of the appeals tribunal hearing
				  including preparation, notification and request for review.
(1) Upon conclusion of the hearing, the
				hearing officer shall prepare a written decision. The decision shall be based
				solely upon competent and substantial evidence contained in the official
				record.
(2) The decision may
				include, but shall not be limited to, the following:
(A) Findings of fact necessary for resolution
				of the issues, findings based upon stipulation of the parties or matters
				officially noticed by the hearing officer shall be so designated;
(B) Conclusions of law accompanied by
				reference to the operative findings of fact and the specific provisions of the
				statutory law from which the conclusions were drawn; and
(C) The ultimate decision which sets forth
				the action to be taken.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 1 - Organization › Section 8 CSR 20-1.010 - The Labor and Industrial Relations Commission

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the organization of the
				  commission.
The Labor and Industrial Relations Commission (commission) is
				  in charge of the department (
Missouri Constitution
, Article I
				  V, Section 49) and is composed of three (3) members appointed by the governor
				  with the consent of the senate. One (1) member of the commission who, by reason
				  of his/her previous activities and interests and who is licensed to practice
				  law in Missouri, shall represent the public. Another member on account of
				  his/her previous vocation, employment, affiliation or interests shall be
				  classified as a representative of the employer. The remaining member on account
				  of his/her previous vocation, employment, affiliation or interests shall be
				  classified as a representative of the employee. A member of the commission is
				  designated by the governor as chairman.
*Original authority: 286.010, RSMo 1945, amended
					 1995.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 3 - Rules Relating to Division of Workers' Compensation › Section 8 CSR 20-3.010 - Jurisdiction

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the procedure for
				  seeking commission approval of a lump sum settlement or commutation, provides
				  guidance to parties seeking modification of final awards, and establishes new
				  procedures for disputes pertaining to future medical treatment.
(1) The Division of Workers' Compensation
				shall have and exercise the following powers, duties and functions on behalf of
				the commission in the administration of the Workers' Compensation Law, section
				287.410,
				RSMo:
(A) The receiving and filing of all
				reports of injury, claims for compensation, answers to claims for compensation,
				receipts, notices of termination of compensation and all other forms,
				instruments and documents required to be used or filed in connection with
				Workers' Compensation claims before the time of the issuance of a final award,
				order or decision of any administrative law judge;
(B) The receiving, filing, processing and
				recordkeeping of all exempted employers' acceptances of the Workers'
				Compensation Law and withdrawals of exempted employers' acceptances of the
				law;
(C) The duties and
				responsibilities given the commission by the legislature under section
				287.280,
				RSMo relative to employers who carry their own insurance
				(self-insurers);
(D) The duties and
				responsibilities given the commission by the legislature under section
				287.220,
				RSMo relative to the Second Injury Fund;
(E) The duties and responsibilities given the
				commission by the legislature under section
				287.810,
				RSMo relative to a change of administrative law judge; and
(F) All documents and instruments referred to
				in subsections (1)(A)-(E) and required to be filed by either the employer or
				employee shall be filed with the division.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 3 - Rules Relating to Division of Workers' Compensation › Section 8 CSR 20-3.020 - Motions to Review Awards -Change in Condition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the policy of the
				  commission on reviewing awards on grounds of change in
				  condition.
The sole issue in all proceedings under section
				  287.470,
				  RSMo is whether there has been a substantial change in the employee's condition
				  between the date of the commission's final award and the date of rehearing. On
				  rehearing, the commission will not admit, nor will it consider, any evidence
				  the only purpose of which is to show that the extent or duration of the
				  employee's disability by reason of the condition existing at the time of the
				  final award actually was either more or less in extent or longer or shorter in
				  duration than the commission then found and declared.
*Original authority: 286.060, RSMo 1945, amended 1947,
					 1980.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 3 - Rules Relating to Division of Workers' Compensation › Section 8 CSR 20-3.030 - Review of Awards or Orders Issued by Administrative Law Judges

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the requirements
				  for filing applications for review, answers, and briefs.
(1) Review-Appeal. Any interested party in a
				contested case may appeal from a final award, order, or decision made by an
				administrative law judge of the Division of Workers' Compensation by making an
				application for review within twenty (20) days from the date of the award,
				order, or decision with the commission as provided by section
				287.480,
				RSMo. A form to be used in making an application for review has been
				promulgated by the commission and is available upon request. The applicant
				(known as petitioner) need not use the promulgated form, provided the
				application sets forth information in regard to the case and award which is
				sought to be reviewed and the reasons for making the application for a review
				of the evidence. An application for review shall be signed by the petitioner or
				the petitioner's attorney. An application filed on behalf of a corporation
				shall be signed by an attorney licensed in Missouri.
(2) Additional Evidence.
(A) After an application for review has been
				filed with the commission, any interested party may file a motion to submit
				additional evidence to the commission. The hearing of additional evidence by
				the commission shall not be granted except upon the ground of newly discovered
				evidence which with reasonable diligence could not have been produced at the
				hearing before the administrative law judge. The motion to submit additional
				evidence shall set out specifically and in detail-
1. The nature and substance of the newly
				discovered evidence;
2. Names of
				witnesses to be produced;
3. Nature
				of the exhibits to be introduced;
4. Full and accurate statement of the reason
				the testimony or exhibits reasonably could not have been discovered or produced
				at the hearing before the administrative law judge;
5. Newly discovered medical evidence shall be
				supported by a medical report signed by the doctor and attached to the
				petition, shall contain a synopsis of the doctor's opinion, basis for the
				opinion and the reason for not submitting same at the hearing before the
				administrative law judge; and
6.
				Tender of merely cumulative evidence or additional medical examinations does
				not constitute a valid ground for the admission of additional evidence by the
				commission.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 3 - Rules Relating to Division of Workers' Compensation › Section 8 CSR 20-3.040 - Temporary or Partial Awards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifies when an application to
				  review a temporary or partial award may be filed.
(1) Whenever an administrative law judge
				issues a temporary or partial award under section
				287.510,
				RSMo, the same shall not be considered to be a final award from which an
				application for review (see
				8
				CSR 20-3.030 ) may be made. The time for making an
				application for review shall not commence until a final award is issued by the
				administrative law judge in cases where a temporary or partial award has been
				issued.
(2) Any party who feels
				aggrieved by the issuance of a temporary or partial award by any administrative
				law judge may petition the commission to review the evidence upon the ground
				that the applicant is not liable for the payment of any compensation and
				especially setting forth the grounds for the basis of that contention and where
				the evidence fails to support findings of the administrative law judge as to
				liability for the payment of compensation. The commission will not consider
				applications or petitions for the review of temporary or partial awards where
				the only contention is as to the extent or duration of the disability of the
				employee for the reason that the administrative law judge has not made a final
				award and determination of the extent or duration of disability.
*Original authority: 286.060, RSMo 1945, amended 1947,
					 1980.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 3 - Rules Relating to Division of Workers' Compensation › Section 8 CSR 20-3.050 - Consolidation of Claims

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines how a consolidation of
				  claims is to be handled.
(1)
				All claims of all persons arising out of the same injury or death shall be
				filed in the same proceeding.
(2)
				The administrative law judge may order the consolidation of two (2) or more
				related proceedings arising out of the same accident for the purpose of taking
				evidence. In the event of consolidation, all documentary evidence previously
				filed or filed after that in any such proceeding shall be filed in the
				proceeding designated by the administrative law judge as the master proceeding
				and when so filed shall be considered evidence and part of the record in each
				of the consolidated proceedings.
(3) Separate pleadings, however, must be
				filed and separate findings and awards made in each of the proceedings. Joint
				transcripts of the evidence may be made and a copy filed in each of the
				consolidated cases or in the master proceeding.
*Original authority: 286.060, RSMo 1945, amended 1947,
					 1980.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 3 - Rules Relating to Division of Workers' Compensation › Section 8 CSR 20-3.060 - Policy of the Commission

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the LIRC's policy in
				  connection with continuances, clarifies language with regard to attorney fees
				  where multiple attorneys may have worked on a case, and removes outdated
				  language relating to compromise settlements that does not reflect the statutory
				  requirements or modern practice.
(1) Continuance. Continuances or further
				hearings are not favored by the commission. The parties are expected to submit
				all matters in controversy for decision at a single hearing. The parties cannot
				agree to a continuance of any case set for hearing without the consent of the
				division of workers' compensation, consistent with the division's rules and
				procedures. The purpose of the Workers' Compensation Law is to give a speedy
				determination of the rights of the employee.
(2) Attorney Fees.
(A) All attorney fees to be charged the
				employee for the prosecution of the employee's claim for compensation,
				including compromise settlements of the employee's claims, shall be submitted
				to the commission or to the administrative law judge for approval, depending
				upon whether the commission or the division has jurisdiction of the claim at
				the time the final award is issued.
(B) The limitation as to fees shall apply to
				the combined charges of attorneys who combine their efforts towards the
				enforcement or collection of any compensation claim.
(C) No attorney fee shall be received or
				charged for services rendered in connection with a lump sum advance payment, or
				an agreement to compromise and settle liability, without the approval of the
				commission or the administrative law judge, as the case may be.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 3 - Rules Relating to Division of Workers' Compensation › Section 8 CSR 20-3.070 - Posting of Bonds

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed rule outlines procedures for
				  posting of bonds by uninsured employers covered by the Workers' Compensation
				  Act and implements section 287.480.2, RSMo Supp. 1998.
(1) Any uninsured employer subject to the
				Workers' Compensation Act as determined by the division must file a certificate
				of surety or other document issued by a bank, savings and loan institution or
				an insurance company licensed to do business in Missouri, establishing that the
				employer has a bond which will satisfy the award in full with its application
				for review. If no bond accompanies the application for review, the application
				for review will be returned to the employer as if never filed. The time limit
				for appeal to the commission shall continue to run and will not be tolled by
				the filing of an application for review without bond.
(2) Any uninsured employer subject to the
				Workers' Compensation Act must file a certificate of surety or other document
				issued by a bank, savings and loan institution or an insurance company licensed
				to do business in Missouri, establishing that the employer has a bond which
				will satisfy the award in full, if no bond has been filed under
				8 CSR
				20-3.070(1), with the filing of a
				Notice of Appeal with the commission. If no bond accompanies the Notice of
				Appeal, the Notice of Appeal shall be returned to employer as if never filed.
				The time limit for filing a Notice of Appeal shall continue to run and shall
				not be tolled by the filing of the Notice of Appeal without bond.
*Original authority: 286.060, RSMo 1945, amended 1947,
					 1980, 1995.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 4 - Rules Relating to Employment Security Appeals › Section 8 CSR 20-4.010 - Review-Applications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment creates a procedure for
				  requesting briefing and/or oral argument in employment security matters,
				  updates the provisions pertaining to requests to submit additional evidence to
				  reflect current practice, deletes provisions pertaining to hearings before the
				  LIRC that do not reflect current practice, and provides guidelines for what the
				  LIRC may do upon receipt of an untimely application for review.
(1) Filing.
(A) Any interested party to a decision of an
				appeals tribunal of the division may file an application to have the decision
				reviewed by the commission by filing the application with the commission or by
				filing it with the division, as agent of the commission, within thirty (30)
				days following the date of notification or mailing of the decision, as provided
				in section
				288.200,
				RSMo. An application for review shall be signed by the claimant, sole
				proprietor, partner or an officer or employee of a corporation. A licensed
				Missouri attorney may sign an application on behalf of any interested
				party.
(B) In the absence of an
				endorsement by the United States Post Office, the application for review shall
				be deemed to have been filed on the date received by the division or
				commission.
(C) An application for
				review filed by facsimile transmission (fax) may be filed at any office of the
				Division of Employment Security. An application for review filed by fax that is
				received by the division on a regular workday shall be considered as filed on
				that day. A fax received on a Saturday, Sunday or legal holiday will be
				considered filed on the next regular division workday. Date and time of receipt
				shall be determined by the receiving fax machine. Persons filing by fax shall
				retain the receipt with the original document for reference by the commission
				if so requested.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 6 - Rules Relating to Equal Pay for Female Employees › Section 8 CSR 20-6.010 - Complaints and Mediation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines procedures for filing
				  complaints and mediation of these complaints by the commission.
(1) Complaints. Any female employee above the
				age of eighteen (18) years who believes that the wages being paid her are less
				than the wages to which she is entitled under section 290.400-290.430, RSMo
				(1986) may file a complaint with the commission. A form to be used in filing
				complaints, EPFW Form 1, Request for Mediation, has been promulgated by the
				commission and is available upon request. The complainant or her attorney shall
				execute the form in triplicate and shall file the same with the
				commission.
(2) Answer. Upon
				receipt of a Request for Mediation form, the commission will immediately
				forward a copy to the employer and within twenty (20) days from the date of the
				mailing the employee may file answer to the request. For this purpose, the
				commission shall provide the employer with EPFW Form 2, Employer's Answer. The
				employer shall execute the form in triplicate and file the same with the
				commission.
(3) Mediation, Notice.
				Upon receipt of the employer's answer or in the event the employer shall fail
				to answer, the commission, as expeditiously as possible, shall set the cause
				for mediation first having given the parties or their attorneys at least ten
				(10) days' notice of the time and place. The mediation, insofar as practicable,
				shall be held with due regard for the convenience of the parties.
*Original authority: 286.060, RSMo 1945, amended 1947, 1980
					 and 1995.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 8 - Tort Victims Appeals › Section 8 CSR 20-8.010 - Review of Decisions Issued by the Division of Workers' Compensation in Tort Victims' Compensation Cases

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the procedures for
				  briefing and oral argument in Tort Victims' Compensation Cases, and removes the
				  requirement to file three (3) copies.
(1) Review-Appeal. Any party to a case
				involving tort victims' compensation may appeal the decision of the Division of
				Workers' Compensation by filing a petition with the commission within thirty
				(30) days following the date of notification or mailing of the decision, as
				provided by section
				537.690,
				RSMo. A form to be used in making the petition has been promulgated by the
				commission and is available upon request. The petitioner need not use the
				promulgated form provided the petition sets forth information in regard to the
				case, and the decision which is sought to be reviewed and the reason for making
				the petition. The petition shall be signed by the petitioner or the
				petitioner's attorney.
(2)
				Additional Evidence.
(A) After a petition has
				been filed with the commission, any interested party may file a motion to
				submit additional evidence to the commission. The hearing of additional
				evidence by the commission shall not be granted except upon the ground of newly
				discovered evidence which could not have been produced with reasonable
				diligence at the hearing before the Division of Workers' Compensation. Tender
				of merely cumulative evidence does not constitute a valid ground for the
				admission of additional evidence by the commission. The motion to submit
				additional evidence shall set out specifically and in detail:
1. Nature and substance of the newly
				discovered evidence;
2. Names of
				witnesses to be produced;
3. Nature
				of the exhibits to be introduced; and
4. Full and accurate statement of the reason
				the testimony or exhibits reasonably could not have been discovered or produced
				at the hearing before the Division of Workers' Compensation.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 1 - Organization › Section 8 CSR 30-1.010 - Organization of the Division of Labor Standards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment serves to reduce unnecessary
				  restrictive language in the purpose of this regulation.
PURPOSE: This rule describes the organization of the
				  Division of Labor Standards as pursuant to section
				  536.023,
				  RSMo 2016.
(1) The Division
				of Labor Standards is an administrative division created by the Labor and
				Industrial Relations Commission to satisfy the requirements of section 8,
				paragraph 5, of the Omnibus State Reorganization Act. This act created an
				inspection section which is now named the Division of Labor Standards
				(hereinafter referred to as the division) of the Department of Labor and
				Industrial Relations. Along with all powers, duties and functions as vested by
				law, the Reorganization Act transferred to the Division of Labor Standards-the
				Division of Industrial Inspection and the Division of Mine Inspection. The
				division also has the responsibility of administering the Prevailing Wage Law.
				The division has the responsibility of carrying out all the functions and
				duties contained in the following sections of the Revised Statutes of Missouri:
(A) Section
				205.920-Power
				of Director to Deputize Agents;
(B)
				Sections 290.010-290.340 and 290.500-290.580-Wages, Hours and Dismissal Rights,
				Prevailing Wages on Public Works, Minimum Wage, and Public Works During
				Excessive Unemployment;
(C)
				Sections 291.010-291.150-Industrial Inspection;
(D) Sections 292.010-292.570-Health and
				Safety of Employees;
(E) Sections
				293.010-293.690-Mine and Cave Regulations; and
(F) Sections 294.005-294.150-Child
				Labor.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 3 - Prevailing Wage Law Rules › Section 8 CSR 30-3.010 - Applicable Wage Rates for Public Works Projects

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth applicable wage
				  requirements relative to work performed by workers on public funded
				  projects.
(1) All public
				bodies of Missouri, before advertising for bids or undertaking construction
				work, must obtain from the department an annual wage order which sets forth the
				applicable hourly rate of wages (the prevailing wage or the public works
				contracting minimum wage as provided in section
				290.257) in the locality. The
				rates so determined shall be incorporated in the contract specifications and
				made a part of those specifications, except that construction contracts of the
				State Highway and Transportation Commission need not list specific wage rates
				to apply, but may refer to the wage rates contained in the appropriate General
				Wage Orders issued by the department, as applicable.
(2) Request for annual wage orders shall be
				initiated at least ten (10) calendar days before advertisement of the
				specifications for the contract for which the determination is sought. An
				exception from this provision will be made by the department only upon a proper
				showing of extenuating circumstances. The department has prepared and printed
				Form No. PW-3 for use in making a request. The form may be secured by writing
				Division of Labor Standards, PO Box 449, Jefferson City, MO 65102
(3) A project notification form PW-2 must be
				filed for each separate project by the public body, except the State Highways
				and Transportation Commission, which will be furnished prevailing wage
				determinations under General Wage Orders.
(4) The annual wage order issued by the
				department contains the current applicable wage rates in the locality at the
				time the annual wage order is issued. Hours worked during the calendar year are
				used to set the prevailing wage rates in the annual wage order issued in March
				of the following year. The department will consider hours submitted for use in
				its initial determination of the prevailing wage rates to be included in a
				particular year's wage order only if those hours are received from a
				contractor, by either paper submission on a form provided by the department or
				in electronic format, no later than January 31 of that year. Handwritten
				submissions will not be accepted. For purposes of submitting reportable hours,
				the term "contractor" shall include a "subcontractor." The department will not
				include the following hours in the calculation of the annual wage order:
(A) Hours not readily identifiable as being
				submitted by a contractor;
(B)
				Hours worked by federally-registered apprentices or entrylevel
				workers;
(C) Hours worked on
				residential construction projects.
(D) Hours worked on residential construction
				projects.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 3 - Prevailing Wage Law Rules › Section 8 CSR 30-3.020

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 290.240, RSMo 1957, amended
					 1959.