Mo. Code Regs. tit. 8 § 10-5.010

Current through Register Vol. 49, No. 9, May 1, 2024

Section 8 CSR 10-5.010 - Appeals to an Appeals Tribunal

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.

(3) Appeal to be Written.

(A) Any signed, legible written notice filed by a party in accordance with these regulations, which expresses disagreement with or otherwise indicates a desire to appeal a determination or redetermination, in the absence of a reconsideration by the deputy, shall constitute an appeal. An appeal must be signed by the claimant, the claimant's authorized agent, the employing unit (including any officer or employee of it), or by a licensed attorney representing either the claimant or employing unit. A person acting as a claimant's authorized agent shall submit an authorization signed by the claimant as soon as that authorization occurs. The authorization must include the name, Social Security number, and signature of the claimant and a statement that the named agent is acting on behalf of the claimant.

(B) Any party may file an appeal by using a printed appeal form available from the Division of Employment Security. Use of the form is not mandatory; however, whatever instrument is used, it should also include the following information:

1. Name and Social Security account number of each claimant, if any, involved;

2. Name of the employer, if any, involved;

3. Date, issue number, and subject matter of the determination;

4. Statement of the reasons for disagreement with the determination; and

5. Signature of the appellant.

(C) Failure to include all of the information listed in subsection (3)(B) may result in invalidation of the purported appeal or unnecessary delay in processing the appeal and scheduling the hearing.

(D) Any signed, legible written notice filed by a party in accordance with these regulations, which sets forth specifically and in detail the grounds upon which it is claimed the assessment is erroneous shall constitute a petition for reassessment. A petition for reassessment must be signed by the claimant, if any, the claimant's authorized agent, the employing unit (including any officer or employee of it), or by a licensed attorney representing either the claimant or employing unit.

(4) Appeals to benefit or tax-related matters and petitions for reassessment may be filed in one (1) of the following ways:

(A) By mail to the address specified on the determination or assessment;

(B) By facsimile transmission to the facsimile number specified on the determination or assessment; or

(C) By the Internet at a site or address specified on the determination or assessment.

(5) Time Limit for Appeal.

(A) An appeal to a determination or redetermination under section 288.070.6, RSMo, shall be filed within thirty- (30-) calendar days of the date the determination or redetermination was delivered in person or mailed to the appellant's last known address.

(B) An appeal to a fraudulent benefit overpayment and penalty determination or redetermination under section 288.380.9, RSMo, shall be filed within thirty- (30-) calendar days of the date the determination or redetermination was delivered in person or mailed to the appellant's last known address.

(C) An appeal to a non-fraudulent benefit overpayment determination or redetermination under section 288.380.13, RSMo, shall be filed within thirty- (30-) calendar days of the date the determination or redetermination was delivered in person or mailed to the appellant's last known address.

(D) An appeal to an exparte determination or redetermination under section 288.130.4, RSMo, shall be filed within thirty- (30-) calendar days of the date of the mailing of the determination or redetermination to the party's last known address or, in the absence of mailing, the date of personal service to the party.

(E) A petition for reassessment shall be filed within thirty (30) days of the date the assessment was mailed to the petitioner in accordance with section 288.160, RSMo, or, in the absence of mailing, the date of personal service to the petitioner.

(F) An appeal or petition for reassessment shall be deemed to have been filed as of the date endorsed by the United States Post Office. In the absence of an endorsement by the United States Post Office, the appeal or petition for reassessment shall be deemed to have been filed on the date received by the division.

(G) Internet and facsimile transmissions of appeals and petitions for reassessment that are received on a regular workday will be considered as filed on the date of receipt. An Internet or facsimile transmission received on a Saturday, Sunday, or legal holiday will be considered filed on the next regular division workday. Date and time of receipt will be determined by the division's computer system or receiving fax machine. Persons filing by Internet or facsimile transmission must retain any confirmation or receipt of transmission with the original document for reference by the hearing officer if so requested.

(H) In computing any period of time prescribed or allowed by these rules, the date of the issuance of a determination, redetermination, assessment, order, or decision shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday, or legal holiday; in which event, the period shall run until the end of the next day that is not a Saturday, Sunday, or legal holiday. For the purpose of these rules and Chapter 288, RSMo, legal holiday means-

1. Those dates designated public holidays by Chapter 9, RSMo; and

2. Any other day designated a public or legal holiday by the governor.

8 CSR 10-5.010

AUTHORITY: section 288.190, RSMo Supp. 2012, and section 288.220.5, RSMo 2000.* Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended: Filed June 20, 1951, effective July 1, 1951 . Amended: Filed Nov. 9, 1954, effective Nov. 19, 1954. Amended: Filed Jan. 19, 1962, effective Jan. 29, 1962. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Rescinded and read-opted: Filed Dec. 14, 1982, effective March 13, 1983. Amended: Filed July 17, 1985, effective Nov. 11 , 1985. Amended: Filed Oct. 17, 1988, effective March 26, 1989. Amended: Filed Aug. 31, 1989, effective Nov. 26, 1989. Emergency amendment filed July 31, 1990, effective Aug. 10, 1990, expired Dec. 8, 1990. Emergency amendment filed Nov. 13, 1990, effective Dec. 6, 1990, expired April 4, 1991. Amended: Filed Aug. 31, 1990, effective Dec. 31, 1990. Amended: Filed Dec. 9, 1991, effective May 14, 1992. Amended: Filed Nov. 16, 1992, effective June 7, 1993. Emergency amendment filed July 25, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Amended: Filed July 25, 1996, effective Jan. 30, 1997. Emergency amendment filed Dec. 11 , 1996, effective Jan. 2, 1997, expired June 30, 1997. Amended: Filed Dec. 11 , 1996, effective July 30, 1997. Amended: Filed Sept. 9, 1998, effective March 30, 1999. Amended: Filed April 5, 2002, effective Oct. 30, 2002. Amended: Filed April 12, 2011 , effective Oct. 30, 2011 . Amended: Filed May 30, 2013, effective Nov. 30, 2013.

*Original authority: 288.190, RSMo 1951, amended 1972, 1979, 1984, 1996, 2006 and 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.