8 CSR — Department of Labor and Industrial Relations

Division 5 Administration

Chapter 1 Adaptive Telephone Equipment Program

8 CSR 5-1.010 Adaptive Telephone Equipment Program {#sec-8-csr-5-1.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 5-1.010}

(Rescinded November 30, 2001)

1998. Emergency rule filed Jan. 28, 1999, effective March 1, 1999, expired Aug. 28, 1999. Original rule filed Jan. 28, 1999, effective July 30, 1999. Rescinded: Filed May 24, 2001, effective Nov. 30, 2001.

MATTBLUNT(10/31/01)

History

• AUTHORITY: section 286.060, RSMo Supp.

Division 10 Division of Employment Security

Chapter 1 Organization

8 CSR 10-1.010 Organization {#sec-8-csr-10-1.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-1.010}

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.

Mid-Continent Aerial Sprayers, Inc. v.

Industrial Commission,Division of Employment Security, 420 SW2d 354 (Mo.

App. 1967). Since the Employment Security Law is not a revenue law in the appellate jurisdictional sense, and neither the Industrial Commission nor the Division of Employment Security is a “state officer” within the meaning of section 3, Article V, of the Constitution of 1945, the court of appeals has primary appellate jurisdiction, judicial and executive interpretations of federal legislation are not absolutely controlling, but are persuasive.

Keitel v. Harris353 Mo. 1043, 186 SW2d 31 (1945). The Unemployment Compensation Commission (now Division of Employment Security) has been classified as a subordinate branch of the executive department. It is not a court in a constitutional sense. Under the constitution, a purely administrative body, or even a quasi-judicial body, cannot be a court.

MATTBLUNT(10/31/01)

History

• AUTHORITY: section 288.220, RSMo 1986. This rule was previously known as regulation no. 26. Original rule filed Nov. 21, 1975, effective Dec. 1, 1975. Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, and 1995.

Chapter 2 Administration

8 CSR 10-2.010 Maintenance and Disposal of Records {#sec-8-csr-10-2.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-2.010}

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 DivisionMissouri General Retention and Disposition Schedule, approved August 2, 2007, and the Department of Labor and Industrial Relations, Division of Employment SecurityAgency 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.

Filed June 20, 1951, effective July 1, 1951.

Amended: Filed May 24, 1954, effective June 3, 1954. Amended: Filed July 20, 1959, effective July 30, 1959. Amended: Filed July 1, 1960, effective July 11, 1960. Amended:

Filed Sept. 30, 1965, effective Oct. 10, 1965.

Amended: Filed Dec. 6, 1974, effective Dec. 16, 1974. Amended: Filed Nov. 3, 1975, effective Nov. 13, 1974. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Rescinded:

Filed April 14, 1980, effective July 11, 1980.

Readopted: Filed Aug. 14, 2009, effective Feb. 28, 2010.

Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995 and 288.360, RSMo 1951, amended 1965, 1974.

History

• AUTHORITY: sections 288.220 and 288.360, RSMo 2000. Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended:

8 CSR 10-2.020 Charges for Copies of Records, Reports, Decisions, Transcripts or Other Papers or Documents {#sec-8-csr-10-2.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-2.020}

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.

(3) Checks or drafts covering payment of charges shall be made payable to the Division of Employment Security and on receipt shall be deposited in the Unemployment Compensation Administration Fund.

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 March 11, 1974, effective March 21, 1974. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended: Filed July 30, 1991, effective Dec. 9, 1991. Amended: Filed April 12, 2000, effective Oct. 30, 2000.

Amended: Filed Sept. 12, 2008, effective March 30, 2009. *Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995; 288.360, RSMo 1951, amended 1965, 1974.

History

• AUTHORITY: sections 288.220.5 and 288.360.3, RSMo 2000. This rule was previously known as regulation no. 19. Original

8 CSR 10-2.030 Administrative Orders of the Director to Cover Emergency Situations {#sec-8-csr-10-2.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-2.030}

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.

Filed March 3, 1969, effective March 13, 1969. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. *Original authority 1951, amended 1955, 1961, 1963, 1967, 1971.

Keitel v. Harris 353 Mo. 1043,186 SW2d 31 (1945). The Unemployment Compensation Commission (now Division of Employment Security) has been classified as a subordinate branch of the executive department. It is not a court in a constitutional sense. Under the constitution, a purely administrative body, or even a quasi judicial body, cannot be a court.

History

• AUTHORITY: section 288.220, RSMo 1986. This rule was previously known as regulation no. 22. Original rule filed July 19, 1951, effective July 29, 1951. Amended: Filed Nov. 9, 1954, effective Nov. 19, 1954. Amended:

8 CSR 10-2.040 Facsimile Transmitted Legal Filings {#sec-8-csr-10-2.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-2.040}

(Rescinded June 7, 1993)

Amended: Filed May 13, 1992, effective Dec. 3, 1992. Emergency amendment filed Sept. 1, 1992, effective Sept. 11, 1992, expired Jan. 9, 1993. Rescinded: Filed Nov. 16, 1992, effective June 7, 1993.

History

• AUTHORITY: sections 288.190.2 and 288.220.5, RSMo 1986. Original rule filed Dec. 5, 1991, effective May 14, 1992. Emergency amendment filed May 13, 1992, effective May 23, 1992, expired Sept. 10, 1992.

Chapter 3 Unemployment Insurance

8 CSR 10-3.020 Registration and Claims of Certain Workers Who Become Totally Unemployed Because of a Mass Layoff Due to a Temporary {#sec-8-csr-10-3.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.020}

8 CSR 10-3.030 Registration and Claims of Certain Unemployed Workers Who Remain {#sec-8-csr-10-3.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.030}

8 CSR 10-3.080 Charging of Benefits Paid to Individuals Employed by Two or More {#sec-8-csr-10-3.080 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.080}

8 CSR 10-3.120 Requirement to Report for and Participate in Reemployment Services in Connection with a Worker Profiling System (12/31/21) JOHN R. ASHCROFT {#sec-8-csr-10-3.120 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.120}

8 CSR 10-3.160 Waiver of Recovery of Overpayments Under the Coronavirus Aid, Relief ROBIN CARNAHAN (8/31/12) {#sec-8-csr-10-3.160 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.160}

LABOR AND

Employment Security

8 CSR 10-3.010 Registration and Claims in General {#sec-8-csr-10-3.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.010}

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.

(2) If it is determined that the claimant is an insured worker, the benefit year begins with the first day of the week in which the initial claim was filed. For good cause, however, an earlier date may be assigned as the beginning of the benefit year.

(3) A valid initial, renewed, reopened, or weekly claim for benefits for purposes of section 288.040, RSMo, is one filed with the division in the prescribed manner— (A) From an originating point within the geographical area of a state; or (B) By an individual residing with his or her spouse who is a member of the U.S.

Armed Forces on active duty, or a member of the National Guard, or other reserve component of the U.S. Armed Forces who is on active National Guard or reserve duty and stationed outside the geographical area of a state of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, or the Dominion of Canada under mandatory and permanent military orders; or (C) Originating from a contiguous country participating under the Interstate Benefit Payment Plan. The parties to the Interstate Benefit Payment Plan agreement, in addition to the fifty (50) states of the United States of America, are the District of Columbia, Puerto Rico, the Virgin Islands, and the Dominion of Canada.

(4) A valid initial or weekly claim for benefits for purposes of section 288.040, RSMo, may include a claim filed under a Social Security number not assigned by the Social Security Administration to the claimant providing the claimant’s failure to file under his/her correct number was not a willful misrepresentation or willful failure to disclose his/her correct number.

(5) If it is determined that a claimant knowingly provided the division with a Social Security number not assigned to that claimant by the Social Security Administration when filing an initial claim for benefits, the claimant shall be held ineligible to receive benefits for any week otherwise payable during that benefit year.

(6) A valid claim for benefits, for purposes of

section 288.040, RSMo, may include electronic methods, properly completed, signed by the claimant if necessary, filed within twenty-eight (28) calendar days after the last day of the most recent week claimed or the last day of the week in which an initial, renewed, or reopened claim was filed and for which all reporting requirements have been met.

(7) If, during a benefit year, a claimant does not file a claim for benefits, within twentyeight (28) calendar days after the end of the last week claimed (or the end of the last week in which an initial, renewed, or reopened claim was filed), the claimant must file a renewed claim if the claimant has had intervening employment or a reopened claim if the claimant has not. The twenty-eight (28) calendar-day period may be extended for good cause. If good cause is not found, the claimant’s claims for benefits for the period from the most recent week claimed (prior to the renewing/reopening of the claim) through the week ending just prior to the renewing or reopening of the claim shall not constitute valid claims for benefits under section 288.040, RSMo.

(8) A benefit week under this rule begins on Sunday and ends on Saturday, except that a claimant who has been filing claims under 8 CSR 10-3.040 shall use the same type of weekly period for further claims in the same series.

(9) A week of unemployment beginning in a benefit year shall be treated as having occurred wholly in that benefit year.

(10) A claimant must report to an employment office as defined under section 288.030(16), RSMo, unless the claimant is ill or employed, or for good cause shown.

(11) A claimant shall be held ineligible to receive benefits if the claimant fails to comply with this regulation and will remain ineligible until the noncompliance has ceased.

(12) For the purpose of 8 CSR 10-3, good cause shall be only those circumstances which are beyond the reasonable control of the claimant and then only if the claimant acts as soon as practical.

Amended: Filed Aug. 1, 1957, effective Aug. 29, 1957. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended: Filed Aug. 31, 1990, effective Dec. 31, 1990. Emergency amendment filed July 15, 1994, effective July 25, 1994, expired Nov. 21, 1994. Emergency amendment filed Nov. 8, 1994, effective Nov. 22, 1994, expired March 21, 1995. Amended:

Filed Oct. 3, 1994, effective Feb. 26, 1995.

Amended: Filed Sept. 9, 1998, effective March 30, 1999. Amended: Filed July 16, 2002, effective Jan. 30, 2003. Amended:

Filed Feb. 18, 2003, effective Aug. 30, 2003.

Amended: Filed April 15, 2004, effective Oct. 30, 2004. Amended: Filed Aug. 15, 2008, effective Feb. 28, 2009. Amended: Filed March 27, 2012, effective Sept. 30, 2012. *Original authority: 288.040, RSMo 1951, amended 1957, 1965, 1967, 1969, 1972, 1975, 1977, 1978, 1982, 1984, 1987, 1988, 1991, 1993, 1995, 1997, 1999, 2004, 2006, 2008, 2011; 288.070, RSMo 1951, amended 1957, 1972, 1974, 1979, 1984, 1988, 1993, 1996, 2008; and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

(8/31/12) ROBIN CARNAHAN

History

• AUTHORITY: sections 288.040 and 288.070, RSMo Supp. 2011, and section 288.220.5., RSMo 2000. Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended:

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 {#sec-8-csr-10-3.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.020}

(Rescinded October 30, 2004)

Filed Feb. 20, 1964, effective March 1, 1964.

Amended: Filed Nov. 18, 1966, effective Nov. 28, 1966. Amended: Filed Jan. 15, 1971, effective Jan. 25, 1971. Amended: Filed Aug. 30, 1974, effective Sept. 9, 1974. Amended:

Amended: Filed July 7, 1982, effective Oct. 11, 1982. Amended: Filed July 17, 1985, effective Nov. 11, 1985. Amended: Filed Oct. 23, 1987, effective Jan. 14, 1988. Amended:

Filed Aug. 31, 1990, effective Dec. 31, 1990.

Rescinded: Filed April 15, 2004, effective Oct. 30, 2004.

History

• AUTHORITY: sections 288.030, 288.040, 288.070, 288.130 and 288.220.5, RSMo 1994. Original rule filed Sept. 30, 1946, Amended: Filed April 17, 1958, effective April 27, 1958. Amended: Filed Sept. 10, 1959, effective Sept. 20, 1959. Amended:

8 CSR 10-3.030 Registration and Claims of Certain Unemployed Workers Who Remain Attached to Their Regular Employer {#sec-8-csr-10-3.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.030}

(Rescinded December 31, 1990)

Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended: Filed June 20, 1951, effectively July 1, 1951. Amended:

Amended: Filed April 17, 1958, effective April 27, 1958. Amended: Filed Sept. 18, 1961, effective Sept. 28, 1961. Amended:

Filed Oct. 1, 1956, effective Oct. 11, 1965.

Amended: Filed Nov. 18, 1966, effective Nov. 28, 1966. Amended: Filed Jan. 5, 1968, effective Jan. 15, 1968. Amended: Filed Jan. 15, 1971, effective Jan. 15, 1971. Amended:

Filed Jan. 16, 1974, effective Jan. 26, 1974.

Amended: Filed Aug. 30, 1974, effective Sept. 10, 1974. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended: Filed June 10, 1977, effective Sept. 15, 1977.

Amended: Filed July 7, 1982, effective Oct. 11, 1982. Rescinded: Filed Aug. 31, 1990, effective Dec. 31, 1990.

History

• AUTHORITY: section 288.220, RSMo 1986.

8 CSR 10-3.040 Interstate Claims {#sec-8-csr-10-3.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.040}

PURPOSE: This rule provides for cooperation with other states in the taking of interstate 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.

(2) Registration for Work.

(A) Each interstate claimant shall register for work through any public employment office in the agent state in the same manner as an intrastate claimant in the agent state.

This registration shall be accepted as meeting the registration requirements of the liable state, unless the liable state instructs the claimant to do otherwise.

(B) Each agent state shall duly report to the liable state in question whether each interstate claimant has been instructed to register for work with the public employment service.

(3) Benefit Rights of Interstate Claimants.

(A) If a claimant files a claim against any state and it is determined by that state that the claimant has available benefit credits in that state, then claims shall be filed only against that state as long as benefit credits are available in that state. After that, the claimant may file claims against any other state in which there are available benefit credits.

(B) For the purpose of this rule, benefit credits shall be deemed to be unavailable whenever benefits have been— 1. Exhausted;

2. Terminated;

3. Postponed for an indefinite period and the individual has not subsequently satisfied the qualifying requirements;

4. Postponed for the entire period in which benefits would otherwise be payable; or 5. Affected by the application of a seasonal restriction.

(4) Claim for Benefits. Claims for benefits or waiting period filed by an interstate claimant shall be in accordance with procedures developed pursuant to the Interstate Benefit Payment Plan and to the liable state’s rules governing claims for benefits and reporting.

(5) Providing Assistance to Interstate Claimants.

(A) Each agent state, upon request by an interstate claimant, shall assist the individual with the understanding and filing of necessary notices and documents.

(B) The liable state shall provide interstate claimants with access to information concerning the status of their claims throughout the normal business day.

(6) Eligibility Review Program. The liable state shall provide eligibility reviews for claimants pursuant to the Interstate Benefit Payment Plan.

(7) Determination of Claims. The agent state, in connection with each claim filed by an interstate claimant through the agent state, shall ascertain and report to the liable state in question those facts relating to the claimant’s availability for work and eligibility for benefits as are readily determinable in and by the agent state.

(8) Extension of Interstate Benefit Payments to Include Claims Taken In and For Canada.

This rule shall apply in all its provisions to claims taken in and for Canada.

regulation no. 4. Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended:

Amended: Filed June 5, 1953, effective July 15, 1953. Amended: Filed Nov. 9, 1954, effective Nov. 19, 1954. Amended: Filed Oct. 1, 1965, effective Oct. 13, 1965. Amended:

Amended: Filed Aug. 31, 1990, effective Dec. 31, 1990. Amended: Filed Sept. 9, 1998, effective March 30, 1999.

JASON KANDER (3/31/14)

8 CSR 10-3.050 Benefits Reduced by Other Remuneration {#sec-8-csr-10-3.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.050}

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.

no. 5. Original rule filed Sept. 30, 1946, Amended: Filed Oct. 1, 1965, effective Oct. 13, 1965. Amended: Filed Oct. 17, 1967, effective Oct. 27, 1967. Amended: Filed Sept. 30, 1969, effective Oct. 10, 1969. Amended:

Emergency amendment filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed July 12, 1984, effective Oct. 11, 1984. Amended: Filed Aug. 31, 1990, effective Dec. 31, 1990.

8 CSR 10-3.060 Benefits Due Deceased Claimants {#sec-8-csr-10-3.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.060}

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.

(3) The treasurer shall cause any unredeemed check(s) payable to a deceased person to be surrendered and voided and, in lieu of the unredeemed check, shall issue a new check(s) bearing the same dates and numbers and made payable to the person(s) entitled under the provisions of this rule. The issuance of the new check(s) shall fully discharge the division of its obligation in respect to the claims covered by the claimant and no other person shall claim or assert any right in respect to the claim.

(4) Any person claiming entitlement to the payment of benefits under this rule shall present the claim in writing within sixty (60) days after the death of the claimant and shall offer proof in a form as the division may require; provided, however, that the director, upon good cause shown, may extend the time for presentation of the claim.

(5) In the event no claim is made for the payment of these benefits within the time limit previously specified or any extension of a time limit, the benefits shall not be paid, but shall remain in the unemployment compensation fund.

no. 6. Original rule filed Sept. 30, 1946, Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975.

8 CSR 10-3.070 Notices to Workers Concerning Unemployment Benefits {#sec-8-csr-10-3.070 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.070}

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, (3/31/14) JASON KANDER Information for Workers, about employment security in Missouri.

no. 13. Original rule filed Sept. 30, 1946,

8 CSR 10-3.080 Charging of Benefits Paid to Individuals Employed by Two or More Employers {#sec-8-csr-10-3.080 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.080}

(Rescinded December 31, 1990)

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 April 21, 1967, effective May 1, 1967. Amended: Filed Sept. 10, 1968, effective Sept. 20, 1968. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975.

Rescinded: Filed Aug. 31, 1990, effective Dec. 31, 1990.

History

• AUTHORITY: section 288.220, RSMo 1986.

8 CSR 10-3.085 Charging of Benefits to Reimbursable Employers {#sec-8-csr-10-3.085 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.085}

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.

History

• AUTHORITY: section 288.220, RSMo 2000. Original rule filed Sept. 2, 2003, effective Feb. 29, 2004. Amended: Filed Oct. 4, 2013, effective April 30, 2014.

8 CSR 10-3.090 Combining Wage Credits of Multistate Claimants {#sec-8-csr-10-3.090 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.090}

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.

regulation no. 21. Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended:

Amended: Filed Nov. 9, 1954, effective Nov. 19, 1954. Amended: Filed Jan. 15, 1971, effective Jan. 25, 1971. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended:

Filed Dec. 5, 1978, effective March 11, 1979.

Amended: Filed Sept. 9, 1998, effective March 30, 1999.

8 CSR 10-3.100 Predetermination Interview and Initial Determination {#sec-8-csr-10-3.100 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.100}

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-toplace 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.

rule no. 24. Original rule filed July 29, 1974, effective Aug. 8, 1974. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended:

Filed Sept. 9, 1998, effective March 30, 1999.

8 CSR 10-3.110 Filing of Claims Protests by Facsimile Transmission {#sec-8-csr-10-3.110 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.110}

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.

History

• AUTHORITY: section 288.220.5, RSMo 1994. This rule was previously filed as 8 CSR 10-2.040(1)(A). Original rule filed Nov. 16, 1992, effective June 7, 1993. Original authority: 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971.

8 CSR 10-3.120 Requirement to Report for and Participate in Reemployment Services in Connection with a Worker Profiling System {#sec-8-csr-10-3.120 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.120}

(Rescinded December 30, 1995)

History

• AUTHORITY: section 288.220.5, RSMo 1994. Emergency rule filed Oct. 19, 1994, effective Nov. 20, 1994, expired March 19, 1995. Original rule filed Oct. 19, 1994, effective March 30, 1995. Rescinded: Filed July 17, 1995, effective Dec. 30, 1995.

8 CSR 10-3.130 Electronic Transfer of Unemployment Benefits {#sec-8-csr-10-3.130 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.130}

PURPOSE: This rule implements and sets forth the requirements regarding the electronic funds transfer of unemployment benefits payable to claimants pursuant to Chapter 288, RSMo.

(1) The Division of Employment Security has established an electronic funds transfer system to transfer directly to claimant’s accounts benefits payable to them pursuant to Chapter 288, RSMo.

(2) For purposes of this rule, the “electronic payment card” shall be an electronic accesstype card which shall not have a line of credit. The only funds which may be deposited in an electronic payment card account established under this rule shall be unemployment insurance benefits payable pursuant to Chapter 288, RSMo and related federal benefits.

(3) Unless an individual files a timely direct deposit application with the division, all benefits payable pursuant to Chapter 288, RSMo shall be disbursed by means of an electronic payment card. The division shall not be in any way liable for any transaction or other associated costs that cause a claimant/cardholder to exceed the amount available in his or her electronic payment card account. The division reserves the right to initiate credit entries and debit entries to correct erroneous entries to a claimant/cardholder’s electronic payment card account. If a claimant/cardholder’s electronic payment card account is closed prior to the claimant/cardholder drawing down all available funds in the account, the unexpended funds shall be returned to the division and deposited in the unemployment compensation trust fund.

(4) An individual desiring the direct deposit of unemployment benefits into a designated checking or savings account at a financial institution shall complete and file with the division a direct deposit application form.

The direct deposit application form shall be filed with the division within seven (7) days after the filing of the initial claim. The direct deposit application form shall authorize the division to initiate credit entries, and debit entries to correct erroneous credit entries, to the claimant’s designated checking or savings account. On the direct deposit application form the claimant shall provide the following: claimant’s name, claimant’s Social Security number, name of the designated financial institution, type of deposit account, signature, and date. The claimant shall file the completed direct deposit application form along with a voided or canceled check or deposit slip for the designated deposit account. At any time during the benefit year, a claimant may change the designated checking or savings account by filing with the division a new direct deposit application form.

Unless the claimant changes the designated checking or savings account by filing a new direct deposit application form, the division shall direct all benefits payable to the claimant during his or her benefit year to the checking or savings account designated by the claimant on the direct deposit application form currently on file with the division.

Direct deposit application forms may be obtained by contacting one of the division’s regional claim centers or by downloading the form through the division’s Internet website at http://dolir.mo.gov/es/.

(5) The provisions of this rule regarding electronic payment cards will not become effective until the division has entered into a contract with a contractor to issue the electronic payment cards. The division will implement the provisions of this rule regarding electronic payment cards over a period of six (6) months following the execution of such contract.

(6) Notwithstanding the provisions of this

rule, the division may continue to pay benefits by warrant when necessary to comply with federal or state law.

rule filed April 14, 2003, effective May 1, 2003, expired Oct. 27, 2003. Original rule filed April 14, 2003, effective Oct. 30, 2003.

Amended: Filed Feb. 14, 2007, effective Aug. 30, 2007. *Original authority: 288.060, RSMo 1951, amended 1957, 1961, 1965, 1984, 1988, 1992, 1993, 2004, 2006; and 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

History

• AUTHORITY: sections 288.060, RSMo Supp. 2006 and 288.220, RSMo 2000. Emergency

8 CSR 10-3.140 Reemployment Trade Adjustment Assistance Program {#sec-8-csr-10-3.140 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.140}

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.

History

• AUTHORITY: section 288.220, RSMo 2000, United States Department of Labor Training and Employment Guidance Letter No. 22-08, and 19 United States Code, Section 2318(a)(3)(B)(iii)(I). Original rule filed Aug. 27, 2009, effective Feb. 28, 2010.

8 CSR 10-3.150 Fraud Penalties on Federal and State Benefits {#sec-8-csr-10-3.150 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.150}

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.

(12/31/21) JOHN R. ASHCROFT

(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.

History

• AUTHORITY: sections 288.220 and 288.390, RSMo 2000. Emergency rule filed Aug. 22, 2013, effective Oct. 1, 2013, expired March 29, 2014. Original rule filed Aug. 22, 2013, effective Feb. 28, 2014. 1961, 1963, 1967, 1971, 1995, and 288.390, RSMo 1961.

8 CSR 10-3.160 Waiver of Recovery of Overpayments Under the Coronavirus Aid, Relief and Economic Security Act (CARES), as Amended {#sec-8-csr-10-3.160 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-3.160}

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.

(2) The application for waiver must be received by the division within thirty (30) calendar days after the mailing or other transmission to the individual of the notice of the overpayment, or of the notice of opportunity to apply for a waiver.

(3) Fault of the Claimant.

(A) In determining fault, the division shall consider the nature and cause of the overpayment.

(B) A claimant who receives or retains benefits which he or she knew or reasonably should have known he or she was not lawfully entitled to receive is at fault.

(C) Fault shall include, but not be limited to, the following:

1. Fraud or misrepresentation regarding the claim (a representation of fact, in relation to the claim, that the claimant knew or should have known was false);

2. Failure to disclose (failing to disclose a fact, in connection with the claim, that the claimant knew or should have known was significant to the claim); and 3. Negligence (failing to exercise the care that a reasonable person of ordinary prudence would exercise in submitting the claim).

(D) What an individual should have known is determined from the perspective of a reasonable person of ordinary prudence in the same or similar circumstances. However, the division may consider an individual’s age and physical or mental condition as mitigating factors against finding fault.

(4) Equity and Good Conscience.

(A) In determining whether repayment would be against equity and good conscience, the division will consider the totality of the circumstances to include, but not limited to:

1. Detrimental Reliance. Whether the individual acted in reliance on the overpayment and gave up a valuable right because of the overpayment or changed his or her position for the worse because of the overpayment.

A. An individual gives up a valuable right when he or she gives up a valuable privilege, claim, entitlement, or benefit having monetary worth because of the overpayment; or B. An individual has changed his or her position for the worse when he or she, in reasonable reliance on the overpayment, decides to do something that he or she otherwise would not have done. To establish a change in position for the worse, the individual must demonstrate a change in actions or behavior, not simply that the overpayment had been spent;

2. Undue Hardship. Whether circumstances exist, including health problems or disability of the claimant or a family member, in which collection would deprive the individual or household of basic necessities.

(5) Waiver of recovery of indebtedness is an equitable remedy and, as such, must be based on an assessment of the facts involved in the individual case under consideration.

(6) The burden is on the individual to demonstrate that waiver of recovery is appropriate.

(7) The division shall notify the claimant of its decision on the waiver request in writing by mail or other transmission.

(8) The claimant may appeal the division’s decision on the waiver request by filing an appeal with the Appeals Tribunal within thirty (30) calendar days after mailing or other transmission of the division’s decision to the individual. The provisions of sections 288.200 and 288.210, RSMo, apply to further appeals.

History

• AUTHORITY: sections 288.070 and 288.220.5, RSMo 2016, and section 288.040, RSMo Supp. 2021. Emergency rule filed July 2, 2021, effective July 19, 2021, expired Feb. 24, 2022. Original rule filed July 2, 2021, effective Jan. 30, 2022. Original authority: 288.040, RSMo 2019; 288.070, RSMo 2008; and 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

Chapter 4 Unemployment Insurance

8 CSR 10-4.010 Identification of Workers Covered by the Missouri Employment {#sec-8-csr-10-4.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.010}

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 {#sec-8-csr-10-4.100 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.100}

8 CSR 10-4.110 Minimum Standard for Payment of Unemployment Insurance Benefits to Claim Maximum Allowable Credit Against the Federal Unemployment {#sec-8-csr-10-4.110 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.110}

8 CSR 10-4.111 Minimum Standard for Payment of Unemployment Insurance Benefits to Claim Maximum Allowable Credit Against the Federal Unemployment Tax {#sec-8-csr-10-4.111 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.111}

(Rescinded October 11, 1984) . . . . . . . . . . . . . . . . . . . . . . .10

8 CSR 10-4.120 Benefits of Certain Employees of Educational Institutions {#sec-8-csr-10-4.120 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.120}

8 CSR 10-4.130 Treatment of Employees Providing Services to Educational Institutions {#sec-8-csr-10-4.130 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.130}

8 CSR 10-4.200 Unemployment Automation Surcharge {#sec-8-csr-10-4.200 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.200}

(Rescinded July 30, 2023) . . . . . . . . .16 RELATIONS

8 CSR 10-4.010 Identification of Workers Covered by the Missouri Employment Security Law {#sec-8-csr-10-4.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.010}

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.

Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975.

History

• AUTHORITY: section 288.220, RSMo 1986. 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 Aug. 1, 1957, effective Aug. 29, 1957.

8 CSR 10-4.020 Records and Reports {#sec-8-csr-10-4.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.020}

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.

(2) The payroll records also shall record the wages paid each worker for each pay period by showing separately— (A) Money wages;

(B) The cash value of all remuneration paid in any medium other than cash;

(C) Gratuities, including tips, received from persons other than the employing unit if reported to the employing unit; and (D) Any special payments for services other than those rendered exclusively in a given pay period, such as annual bonuses, gifts, prizes, and the like, showing separately—money payments; other remuneration; the nature of those payments; and the period during which the services were performed for which the special payments were made.

(3) A notation shall be made of the hours in each pay period during which any services were performed by each worker which do not constitute employment covered by the law and the nature of those services.

(4) The records required to be maintained by this rule shall be preserved for a period of at least three (3) complete years. This means that for audit and inspection by the division there shall be available three (3) complete years’ records in addition to a current incomplete year’s records.

(5) Each employing unit shall notify the division in writing whenever it becomes liable to pay contributions as an employer.

Such notification shall be filed with the division within thirty (30) days from the date the employing unit becomes liable to pay contributions as an employer.

(6) An employer shall notify the division upon acquisition of all or part of another business entity. Such notification shall be filed with the division within thirty (30) days from the date of the acquisition.

History

• AUTHORITY: section 288.220, RSMo 2000. Original rule filed Sept. effective July 1, 1951. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Emergency amendment filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed July 12, 1984, effective Oct. 11, 1984. Amended: Filed Aug. 30, 1996, effective March 30, 1997. Amended: Filed Aug. 30, 2013, effective Feb. 28, 2014. Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

8 CSR 10-4.030 Contribution and Wage Reports and Payment of Contributions {#sec-8-csr-10-4.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.030}

PURPOSE: This rule prescribes as to the filing of quarterly tax and wage reports, the reporting of temporary employment, extension of time for filing, establishment of receipt date and exemption from filing reports. This rule implements sections 288.090 and 288.130, RSMo. This rule was previously known as regulation no. 10.

(1) On or before the last day of the month following each calendar quarter each employer shall complete and file contribution and wage reports with division containing, along with other relevant information, data as to the wages paid by that employer, and to whom paid, within the calendar quarter, on forms to be obtained from, or approved by, the division.

(2) On or before the last day of the month following each calendar quarter, each employer shall pay the contributions due with respect to the wages paid by it in that quarter.

(3) Employers required to report quarterly wage information due on magnetic media tape or diskette pursuant to section 288.090, RSMo, must report in a format prescribed by the division. Employers not required to report quarterly wage information due on magnetic media tape or diskette pursuant to section 288.090, RSMo, may elect to do so upon approval by the division and in a format prescribed by the division. If an employer that has elected to report quarterly wage information by magnetic media fails to report in the prescribed format, the division may at any time cancel the approval through written notification.

(4) Any employer desiring to submit wage reports on forms other than those furnished by the division shall submit to the division a sample of the form proposed. The use of the form may be approved if it is printed on a satisfactory grade of white paper, eight and one-half inches by eleven inches (8 1/2" × 11") in size and if it supplies all required information in a satisfactory manner; provided, however, that the division’s quarterly summary wage report form shall always be used as the first page of these reports. This approval may be canceled at any time at the option of the division.

(5) Upon the written request of an employer made on or before the due date of any report or contribution payment, the division may, for good cause shown, grant an extension of time for the filing of a report or the payment of contributions, but no such extension shall exceed three (3) months.

(6) Whenever it appears that an employer will employ no workers and pay no wages for a material period, the employer may file an application for exemption from filing contribution and wage reports. If the application is approved by the division, no reports need be filed so long as no wages are paid by the employer during the period covered by the approval.

When any wages are paid for either past or current periods, the exemption shall be automatically canceled.

Amended: Filed Sept. 10, 1959, effective Sept. 20, 1959. Amended:

Filed Oct. 1, 1965, effective Oct. 11, 1965. Amended: Filed Oct. 17, 1967, effective Oct. 27, 1967. Amended: Filed Dec. 18, 1972, effective Dec. 28, 1972. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975.

Emergency amendment filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed July 12, 1984, effective Oct. 11, 1984. Amended: Filed Aug. 4, 1998, effective Feb. 28, 1999. *Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

History

• AUTHORITY: section 288.220, RSMo Supp. 1997. 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 April 17, 1958, effective April 27, 1958.

8 CSR 10-4.040 Experience Rating {#sec-8-csr-10-4.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.040}

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.

(2) A reasonable time after June 30 for a cut-off date for rate calculation purposes is established as the period ending with the date on which contribution and wage reports and contributions for the second calendar quarter of any year are delinquent as provided in section 288.090, RSMo. All contributions received by the division by that date shall be considered as contributions paid and credited within the time required and those contributions shall be used in the calculation of the employer’s contribution rate for the following calendar year. Any adjustment of contributions or wages in respect to periods prior to July 1 of any year which are approved on or before the cut-off date shall be used in the calculation of contribution rates for the succeeding calendar years. All benefits paid prior to the July 1 calculation date shall be charged against the employer’s account and used in the calculation of contribution rates applicable to the succeeding calendar year.

(3) Voluntary payments shall be transmitted by an employer to the division with a signed written statement identifying the amount as a voluntary payment. No voluntary payment will be accepted from an employer who is not eligible for an experience rating.

(4) A written determination showing contributions credited, benefits charged and the contribution rate for a calendar year shall be mailed to each employer as soon as practical after the July 1 calculation date. effective July 1, 1951. Amended: Filed Nov. 9, 1954, effective Nov. 19, 1954. Amended: Filed April 17, 1958, effective April 27, 1958.

Amended: Filed June 1, 1961, effective June 11, 1961. Amended:

Filed Oct. 1, 1965, effective Oct. 11, 1965. Amended: Filed Oct. 17, 1967, effective Oct. 27, 1967. Amended: Filed June 14, 1971, effective June 24, 1971. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975.

8 CSR 10-4.050 Notice of Termination of Coverage {#sec-8-csr-10-4.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.050}

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.

Editor’s Note: 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.

(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. effective July 1, 1951. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. *Original authority: 288.220, RSMo 1951, 1955, 1961, 1963, 1967, 1971.

8 CSR 10-4.060 Probationary Employment {#sec-8-csr-10-4.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.060}

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.

Emergency amendment filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed July 12, 1984, effective Oct. 11, 1984.

History

• AUTHORITY: section 288.220, RSMo 1986. Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended: Filed June 20, 1951, effective July 1, 1951. Amended: Filed Aug. 1, 1957, effective Aug. 29, 1957. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975.

8 CSR 10-4.070 Supplementary Statistical Report for Multi- Area Employers {#sec-8-csr-10-4.070 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.070}

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. effective July 1, 1951. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975.

8 CSR 10-4.080 Joint Accounts {#sec-8-csr-10-4.080 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.080}

PURPOSE: This rule prescribes how joint accounts will be established and the consequences of that action. This rule implements section 288.100, RSMo. This rule was previously known as regulation no. 17.

(1) Any employer may make application in writing to the division to participate in a joint account with one (1) or more other employers.

(2) The division shall approve those applications that meet the requirements of this rule.

(3) Any application to participate in a joint account must be filed by the first day of April of the calendar year in which the applicant-employer’s membership in the joint account is to become effective. In addition, all contributions, interest and penalties due from the applicant-employer must be paid prior to the division approving the applicant-employer’s membership in the joint account.

(4) All such applications shall be accepted only on the condition that the applicant waives all rights to its individual employer account under the law when the division approves the application and merges its individual account in a joint account for experience rating purposes.

(5) Each applicant-employer shall agree to assume joint and several liability for any contributions, interest and penalties accruing on the part of any one of the employers participating in the joint account during the duration of the account in consideration for the division granting the applicant-employer the right to participate in it.

(6) Each employer participating in a joint account agrees to maintain a sufficient record of its own employment in order that the employer can furnish the division with information necessary to enable the division to make proper certification to the Bureau of Internal Revenue of the United States Treasury under the Federal Unemployment Tax Act and to enable the division to determine any benefit charges against the separate account.

(7) No reduced rate of contributions shall be established for any joint account until each participating employer is individually eligible for the calculation of a contribution rate.

(8) All joint accounts will be maintained only on a calendaryear basis and those accounts must be maintained for a minimum period of two (2) calendar years unless terminated sooner by action of the division.

(9) All contribution credits for all employers in a joint account will be calculated together. All benefit payments chargeable against all employers in a joint account will be calculated together. The average annual payroll of the joint account will be the average of the annual payrolls of all employers participating in the account.

(10) If any individual, type of organization or employing unit succeeds to the business of an employer participating in a joint account under conditions which would require the transfer of any separate account of that employer to the successor, the successor shall be ipso facto a member of the joint account.

(11) Withdrawal from a joint account by any participating employer may be approved if the request for withdrawal is made in writing to the division on or before December 31 of the year prior to the year for which the withdrawal is to be effective. The withdrawing employer, as of the effective date of withdrawal, shall be treated in all respects as a newly liable employer, regardless of all prior contributions or benefit payment experience. The remaining employer or employers shall continue to constitute the joint account. The withdrawal or termination of all except one (1) member shall not dissolve the joint account, unless and until that last member shall withdraw or terminate.

(12) Participation in a joint account shall not affect the right of any employer to terminate its liability, but after termination, the employer, in all respects, shall be treated as a withdrawing employer under this rule.

Amended: Filed Dec. 28, 2000, effective July 30, 2001. *Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

History

• AUTHORITY: section 288.220, RSMo 2000. Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended: Filed June 20, 1951, effective July 1, 1951. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended: Filed July 10, 1998, effective Dec. 30, 1998.

8 CSR 10-4.090 Employer Elections to Cover Multistate Workers {#sec-8-csr-10-4.090 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.090}

PURPOSE: This rule prescribes the procedures and definitions necessary to process elections of coverage and reporting of multistate 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 Ar range ment.

(2) Definitions. As used in this rule, unless the context clearly indicates otherwise— (A) Agency means any officer, board, commission or other

(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.

(3) Submission and Approval of Coverage Elections.

(A) Any employer may file an election on Form MODES-2019 to cover under the law of a single participating jurisdiction all of the services performed for him/her by an individual who customarily works for him/her in more than one (1) participating jurisdiction. Such an election may be filed, with respect to an individual, with any participating jurisdiction in which any part of the individual’s services are performed; the individual has his/her residence; or the employing unit maintains a place of business to which the individual’s services bear a reasonable relation.

(B) The agency of the elected jurisdiction (thus selected and determined) shall initially approve or disapprove the election. If the agency approves the election, it shall forward a copy to the agency of each other participating jurisdiction specified, under whose unemployment compensation or employment security law the individual(s) in question, in the absence of an election, might be covered. Each interested agency shall approve or disapprove the election, as promptly as practicable; and shall notify the agency of the elected jurisdiction accordingly. In case its law so requires, any such interested agency, before taking action, may require from the electing employing unit satisfactory evidence that the affected employees have been notified of and have acquiesced in the election.

(C) If the agency of the elected jurisdiction, or the agency of any interested jurisdiction, disapproves the election, the disapproving agency shall notify the elected jurisdiction and the electing employing unit of its action and of its reasons.

(D) Such an election shall take effect as to the elected jurisdiction only if approved by its agency and by one (1) or more interested agencies. An election approved shall take effect, as to any interested agency, only if it is approved by the agency.

(E) In case any election is approved only in part, or is disapproved by some of the agencies, the electing employing unit may withdraw its election within ten (10) days after being notified of the action.

(4) Effective Period of Elections.

(A) Commencement. An election duly approved under this

rule shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election, as approved, specifies the beginning of a different calendar quarter. If the electing unit requests an earlier effective date than the beginning of the calendar quarter in which the election is submitted, the earlier date may be approved solely as to those interested jurisdictions in which the employer had no liability to pay contributions for the earlier period in question.

(B) Termination. The application of an election to any individual under this rule shall terminate, if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed, so they are no longer customarily performed in more than one (1) participating jurisdiction. The termination shall be effective as of the close of the calendar quarter in which notice of the finding is mailed to all parties affected.

Except as provided, each election approved shall remain in effect through the close of the calendar year in which it is submitted and after that until the close of the calendar quarter in which the electing unit gives written notice of its termination to all affected agencies. Whenever an election under this rule ceases to apply to any individual, the electing unit shall notify the affected individual accordingly.

(5) Reports and Notices by the Electing Unit.

(A) The electing unit shall promptly notify each individual affected by its approved election on the Form MODES-2020 supplied by the elected jurisdiction and shall furnish the elected agency a copy of the notice.

(B) Whenever an individual covered by an election under this rule is separated from his/her employment, the electing unit shall again notify him/her as to the jurisdiction under whose unemployment compensation law his/her services have been covered. If at the time of termination the individual is not located in the elected jurisdiction, the electing unit shall notify him/her as to the procedure for filing interstate benefit claims.

(C) The electing unit shall report immediately to the elected jurisdiction any change which occurs in the conditions of employment pertinent to its election, such as cases where an individual’s services for the employer cease to be customarily performed in more than one (1) participating jurisdiction or where a change in the work assigned to an individual requires him/her to perform services in a new participating jurisdiction.

(6) Delegation of Authority to Approve Elections. The director delegates to the chief of contributions authority to approve or disapprove coverage elections in accordance with this rule. effective July 1, 1951. Amended: Filed Nov. 9, 1954, effective Nov. 19, 1954. Amended: Filed Oct. 1, 1965, effective Oct. 13, 1965. Amended:

Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended: Filed July 17, 1985, effective Nov. 11, 1985.

History

• authority charged with the administration of the unemployment compensation law of a participating jurisdiction;

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 {#sec-8-csr-10-4.100 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.100}

History

• AUTHORITY: section 288.390, RSMo 1978. Original rule filed Aug. 12, 1980, effective Nov. 13, 1980. Emergency rule filed Aug. 22, 1980, effective Sept. 2, 1980, expired Dec. 30, 1980. Amended: Filed Dec. 9, 1980, effective March 13, 1981. Emergency rescission filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Rescinded: Filed July 12, 1984 effective Oct. 11, 1984.

8 CSR 10-4.110 Minimum Standard for Payment of Unemployment Insurance Benefits to Claim Maximum {#sec-8-csr-10-4.110 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.110}

(Rescinded July 11, 1982)

June 17, 1981, effective June 28, 1981, expired Sept. 25, 1981.

Original rule filed June 17, 1981, effective Oct. 11, 1981. Emergency rescission filed March 23, 1982, effective April 2, 1982, expired July 31, 1982. Rescinded: Filed April 8, 1982, effective July 11, 1982.

8 CSR 10-4.111 Minimum Standard for Payment of Unemployment Insurance Benefits to Claim Maximum March 19, 1982, effective March 29, 1982, expired July 27, 1982. {#sec-8-csr-10-4.111 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.111}

Original rule filed April 8, 1982, effective July 11, 1982. Emergency

8 CSR 10-4.120 Benefits of Certain Employees of Educational Institutions April 13, 1983, effective April 24, 1983, expired Aug. 21, 1983. {#sec-8-csr-10-4.120 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.120}

Original rule filed April 13, 1983, effective July 11, 1983. Emergency

8 CSR 10-4.130 Treatment of Employees Providing Services to Educational Institutions Jan. 12, 1984, effective April 1, 1984, expired July 29, 1984. Original {#sec-8-csr-10-4.130 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.130}

rule filed Jan. 12, 1984. Emergency amendment filed Feb. 10, 1984, effective April 1, 1984, expired July 29, 1984. Emergency amendment filed March 9, 1984, effec tive April 1, 1984, expired July 29, 1984.

Amended: Filed Feb. 10, 1984, effective May 11, 1984. Emergency

8 CSR 10-4.140 Clarification of Beauty Salon and Similar Establishment {#sec-8-csr-10-4.140 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.140}

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.

rule filed Aug. 6, 1986, effective Nov. 28, 1986. *Original authority: 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971.

History

• AUTHORITY: section 288.220.5, RSMo 1986. Emergency rule filed Aug. 6, 1986, effective Aug. 16, 1986, expired Dec. 13, 1986. Original

8 CSR 10-4.150 Employer-Employee Relationship {#sec-8-csr-10-4.150 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.150}

PURPOSE: This rule ensures consistent interpretation of section 288.034.5, RSMo.

Editor’s Note: 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.

(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.

History

• AUTHORITY: section 288.220.5, RSMo 1986. Emergency rule filed July 3, 1989, effective July 13, 1989, expired Nov. 9, 1989. Emergency amendment filed Oct. 25, 1989, effective Nov. 4, 1989, expired Feb. 22, 1990. Original rule filed Oct. 25, 1989, effective Feb. 11, 1990. Original authority: 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971.

8 CSR 10-4.160 Lessor Employing Units {#sec-8-csr-10-4.160 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.160}

PURPOSE: This rule establishes procedures for complying with the surety bond or securities aspect of section 288.032.2(2), RSMo.

(1) Each lessor employing unit shall maintain a listing of its client lessees and a listing of employees leased to each client lessee. Each lessor employing unit shall file with its quarterly contribution and wage report the listing of its client lessees.

The listings of client lessees and employees leased to each client lessees shall be available for audit and inspection by the Division of Employment Security.

(2) Any lessor employing unit desiring to post a surety bond with the Division of Employment Security in accordance with section 288.032.2, RSMo of the Missouri Employment Security Law,

Chapter 288, RSMo shall execute a surety bond in the amount set forth in section 288.032.2, RSMo. The surety bond shall be on a form provided, or approved, by the division. Any bond not on the form provided by the division shall be submitted to the division for approval prior to its being executed.

(3) The surety bond must be issued by an insurance company licensed for bonding in the state on behalf of the applicant.

The form must bear the seal of the insurance company, the effective date and be accompanied by a power of attorney letter signed by the attorney-in-fact and it must also contain the signature of the applicant.

(4) The Division of Employment Security may reject a surety bond issued by an insurance company which has been suspended by the Missouri Department of Insurance. The division may require a lessor employing unit which has a surety bond issued by an insurance company suspended by the Missouri Department of Insurance to replace that bond with a new surety bond issued by a company in good standing with the Missouri Department of Insurance. The replacement bond must be bought by the lessor employing unit within thirty (30) days of notification by the division.

(5) Any lessor employing unit depositing securities with the Division of Employment Security in accordance with

section 288.032.2, RSMo shall also execute an Assignment and Escrow Agreement provided by the division. The agreement shall contain a provision in which the lessor employing unit consents to an audit of its records prior to the release or cancellation of the securities tendered with the agreement.

(6) Any securities deposited in a depository designated by the director of the Division of Employment Security pursuant to

section 288.032.2, RSMo shall be accompanied by the signed statement of a licensed broker identifying each security and setting forth its current market value. Should the combined value of those deposited securities be less than the required amount, the lessor employing unit shall immediately deposit additional securities to raise the value to the required amount.

After that, the lessor employing unit shall submit with its quarterly contribution and wage reports— (A) A statement signed by a licensed broker setting forth the market value on the first business day of that month of each security so deposited; and (B) An attestation by the broker stating that s/he has no interest in and is not affiliated in any way with the lessor employer or the corporation(s) that issued the stocks included in the market value statement.

(7) Pursuant to section 288.032.2, RSMo, a lessor employing unit, in lieu of a surety bond or securities, may obtain a certificate of deposit issued by any state or federally chartered financial institution in an amount equivalent to the amount required for a surety bond. The certificate of deposit shall be made payable jointly to the employing unit and the Division of Employment Security. The lessor employing unit shall forward the certificate of deposit, along with an executed Assignment and Escrow Agreement, to the division. The lessor employing unit shall forward to the division the certificate of deposit and an executed Assignment and Escrow Agreement on a form provided by the division.

(8) The director of the Division of Employment Security shall notify any lessor employing unit who has posted a corporate surety bond, deposited marketable securities, or obtained a certificate of deposit, of the dollar amount required for that year to comply with the provisions of section 288.032.2, RSMo.

The notification shall be mailed to each lessor employing unit not later than the end of February of each calendar year.

(9) Neither the obligation for payment nor the bond, securities, or certificate of deposit securing payment of unemployment contributions pursuant to section 288.032.2, RSMo of the Missouri Employment Security Law shall be released until the Division of Employment Security is satisfied, either by audit or otherwise, that all contributions liability on account of the bond, securities or certificate of deposit has been paid.

This section of this rule shall not be construed to increase the liability of the surety in excess of the face amount of the bond regardless of the period of time the bond remains in effect, nor shall it be construed to affect the right of any surety to terminate the bond in accordance with the terms of the bond.

(10) The forms provided by the division to be used to comply with this rule may be obtained by contacting the division at (573) 751-3340; by writing the Division of Employment Security, Attention Liability Unit, P.O. Box 59, Jefferson City, MO 65104- 0059; or by downloading the form through the division’s Internet website at www.labor.mo.gov/DES/employers.

History

• AUTHORITY: section 288.220, RSMo 2000. Original rule filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed Feb. 2, 1995, effective Aug. 30, 1995. Amended: Filed May 2, 2000, effective Nov. 30, 2000. Non-substantive change filed June 6, 2014, published July 31, 2014. Original authority 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

8 CSR 10-4.170 Irrevocable Letter of Credit {#sec-8-csr-10-4.170 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.170}

PURPOSE: This rule establishes procedures for complying with the irrevocable letter of credit aspect of section 288.032(2), RSMo.

(1) A letter of credit, issued by a commercial bank chartered under the laws of Missouri or chartered pursuant to the National Banking Act, may be submitted to the Missouri Department of Labor and Industrial Relations, Division of Employment Security, (hereinafter the division) in lieu of a surety bond or securities as required by section 288.032, RSMo. The letter of credit must be in an amount equal to the otherwise required bond or securities.

(2) The letter of credit shall be irrevocable and the beneficiary shall be the division. Payment shall be made immediately upon presentment of a demand for payment signed by the director of the division or his/her designated representative.

(3) All letters of credit shall conform to a required format. A standard letter of credit form embodying this format shall be provided by the division. All letters of credit shall be accompanied by an authorization for release of confidential information allowing the director of the division or his/her designee to release confidential information to the issuing bank.

(4) A demand for payment upon a letter of credit may be presented for payment only upon reasons that bond proceeds would be demanded.

(5) All letters of credit must be negotiable at a financial institution located within Missouri.

(6) Letters of credit shall have a term of one (1) year and shall be automatically renewable on an annual basis for an additional five (5) years. A letter of credit may be canceled by the issuer sixty (60) days after written notice is delivered to the division.

Upon this notice the lessor employing unit shall be required to substitute a surety bond within sixty (60) days. If the required bond is not received within that time period, the client lessees will be jointly and severally liable and required to separately report as provided in section 288.032, RSMo.

(7) The division shall not release the letter of credit until it is satisfied, either by audit or otherwise, that no claims exist against the letter.

(8) A lessor employing unit shall be required to augment letters of credit in any situation where the lessor employing unit would be required to increase its coverage under a surety bond. This additional bonding requirement may be satisfied by increasing the letter of credit, submitting an additional letter of credit, submitting an additional surety bond, depositing additional securities, or submitting an additional certificate of deposit. Failure to increase the letter of credit amount when required will result in the client lessees being jointly and severally liable and required to separately report as provided in section 288.032, RSMo.

History

• AUTHORITY: section 288.220, RSMo Supp. 1997. Original rule filed March 24, 1998, effective Sept. 30, 1998. Original authority: 288.220. RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

8 CSR 10-4.180 Coverage of Indian Tribes {#sec-8-csr-10-4.180 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.180}

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.

(2) Benefits. Benefits based on service in employment of an Indian tribe shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to Chapter 288, RSMo. The provisions of subsection 3 of section 288.040, RSMo pertaining to services performed at an educational institution while in the employ of an “educational service agency” shall apply to services performed in an educational institution or educational service agency wholly owned and operated by an Indian tribe or tribal unit.

(3) Contributions. Indian tribes or tribal units (subdivisions, subsidiaries or business enterprises wholly owned by such Indian tribes) subject to this chapter shall pay contributions under the same terms and conditions as all other subject employers, unless they elect to pay into the state unemployment fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe. An Indian tribe and all tribal units of such Indian tribe shall be jointly and severally liable for any and all contributions, payments in lieu of contributions, interest, penalties, and surcharges owed by the Indian tribe and all tribal units of such Indian tribe.

(4) Payments in Lieu of Contributions. Indian tribes electing to make payments in lieu of contributions must make such election in the same manner and under the same conditions as provided in subsection 3 of section 288.090, RSMo pertaining to state and local governments and nonprofit organizations subject to Chapter 288, RSMo. Indian tribes will determine if reimbursement for benefits paid will be elected by the tribe as a whole, by individual tribal units, or by combinations of individual tribal units. Termination of an Indian tribe’s coverage pursuant to subsection (C) of this section shall terminate the election of such Indian tribe and any tribal units of such Indian tribe to make payments in lieu of contributions.

(A) Indian tribes or tribal units will be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as other employing units that have elected to make payments in lieu of contributions.

(B) Any Indian tribe or tribal unit that elects to become liable for payments in lieu of contributions shall be required, prior to the effective date of its election, to post with the division a surety bond issued by a corporate surety authorized to do business in Missouri in an amount equivalent to the contributions or payments in lieu of contributions for which the Indian tribe or tribal unit was liable in the last calendar year in which it accrued contributions or payments in lieu of contributions, or one hundred thousand dollars ($100,000), whichever amount is the greater, to ensure prompt payment of all contributions or payments in lieu of contributions, interest, penalties and surcharges for which the Indian tribe or tribal unit may be, or becomes, jointly and severally liable pursuant to this chapter.

(C) Failure of the Indian tribe or tribal unit to maintain the required surety bond, including the posting of an additional surety bond or a replacement surety bond within ninety (90) days of being directed by the division, will cause services performed for such Indian tribe to not be treated as “employment” for purposes of Chapter 288, RSMo.

(D) The director may determine that any Indian tribe that loses coverage under subsection (C) of this section, may have services performed for such tribe again included as “employment” for purposes of Chapter 288, RSMo if all contributions, payments in lieu of contributions, penalties, interest, and surcharges have been paid. Upon reinstatement of coverage under this subsection, an Indian tribe or any tribal unit may elect, in accordance with the provisions of this

section, to make payments in lieu of contributions.

(E) If an Indian tribe fails to maintain the required surety bond by posting an additional surety bond or a replacement surety bond within ninety (90) days of being directed by the division, the director will immediately notify the United States Internal Revenue Service and the United States Department of Labor.

(F) Notices of surety bond deficiency to Indian tribes or their tribal units shall include information that failure to post an additional surety bond or a replacement surety bond within the prescribed time frame will cause:

1. The Indian tribe to be liable for taxes under the Federal Unemployment Tax Act;

2. The Indian tribe to be excepted from the definition of “employer,” as provided in section (1) of this rule, and services in the employ of the Indian tribe, as provided in section (1) of this rule, to be excepted from “employment.”

(5) Failure to Make Payments. Failure of the Indian tribe or tribal unit to make any payments required in Chapter 288, RSMo, including assessments of interest and penalty, within ninety (90) days of receipt of the bill will cause services performed for such Indian tribe to not be treated as “employment” for purposes of Chapter 288, RSMo.

(A) The director may determine that any Indian tribe that loses coverage under this section, may have services performed for such tribe again included as “employment” for purposes of Chapter 288, RSMo if all contributions, payments in lieu of contributions, penalties, interest, and surcharges have been paid.

(B) If an Indian tribe fails to make required payments (including assessments of interest and penalty) within ninety (90) days of a final notice of delinquency, the director will immediately notify the United States Internal Revenue Service and the United States Department of Labor.

(C) Notices of payment and reporting delinquency to Indian tribes or their tribal units shall include information that failure to make full payment within the prescribed time frame will cause:

1. The Indian tribe to be liable for taxes under the Federal Unemployment Tax Act;

2. The Indian tribe to be excepted from the definition of “employer,” as provided in section (1) of this rule, and services in the employ of the Indian tribe, as provided in section (1) of this rule, to be excepted from “employment.”

(6) Extended Benefits. Extended benefits paid that are attributable to service in the employ of an Indian tribe and not reimbursed by the federal government shall be financed in their entirety by such Indian tribe.

rule filed June 13, 2002, effective Dec. 30, 2002. *Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

History

• AUTHORITY: section 288.220, RSMo 2000. Emergency rule filed June 13, 2002, effective July 1, 2002, expired Dec. 27, 2002. Original

8 CSR 10-4.190 State Unemployment Tax Act Dumping {#sec-8-csr-10-4.190 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.190}

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.

(B) “Substantially common management or control” exists if, after the acquisition of the organization, trade or business of an employing unit, the predecessor-employing unit continues to:

1. Own or manage the entity that conducts the organization, trade or business;

2. Own or manage the assets necessary to conduct the organization, trade, or business;

3. Control through security or lease arrangements the assets necessary to conduct the organization, trade or business; or 4. Direct the internal affairs or conduct of the organization, trade or business.

Original rule filed Nov. 22, 2005, effective May 30, 2006. *Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

History

• AUTHORITY: section 288.220, RSMo 2000. Emergency rule filed Nov. 22, 2005, effective Jan. 1, 2006, expired June 29, 2006.

8 CSR 10-4.200 Unemployment Automation Surcharge {#sec-8-csr-10-4.200 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.200}

(Rescinded July 30, 2023)

History

• AUTHORITY: section 288.220, RSMo 2000. Original rule filed July 31, 2008, effective Jan. 30, 2009. Rescinded: Filed Jan. 5, 2023, effective July 30, 2023.

8 CSR 10-4.210 Prohibition on the Non-Charging of Benefits {#sec-8-csr-10-4.210 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-4.210}

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.

(2) For the purpose of this rule, the following terms shall mean:

(A) “Adequately,” responses to requests for information must include sufficient facts for the deputy to reach the conclusion ultimately and finally made in regard to the claim;

(B) “Erroneous payment,” a payment that, but for the failure by the employer or the agent of the employer to respond timely and adequately to a written request from the division for information with respect to the claim for unemployment benefits, would not have been made;

(C) “Pattern of failing,” repeated documented failure on the

part of the employer or the agent of the employer to respond, taking into consideration the number of instances of failure in relation to the total volume of requests. An employer or an agent of the employer failing to respond as described under subsection (1)(A) of this rule shall not be determined to have engaged in a pattern of failure if the number of the failures during the year prior to the request is fewer than two (2) or less than two percent (2%) of the requests, whichever is greater; and (D) “Timely,” information must be postmarked or received by the division on or before the date provided in the request for information.

(3) For good cause shown, the employer or employer agent shall be excused from timely or adequately responding to a written request for information. For purposes of this rule, good cause shall be limited only to those circumstances that are wholly beyond the control of the employer or employer agent and then only if the employer or employer agent acts as soon as possible. The employer or employer agent shall bear the burden of proving good cause to the satisfaction of the division.

(4) Determinations by the division prohibiting the relief of charges under this rule shall be subject to appeal or protest as other determinations of the division with respect to the charging of employer accounts.

(5) This rule shall apply to erroneous payments established on or after October 1, 2013.

History

• AUTHORITY: sections 288.220 and 288.390, RSMo 2000. Emergency rule filed Aug. 22, 2013, effective Oct. 1, 2013, expired March 29, 2014. Original rule filed Aug. 22, 2013, effective Feb. 28, 2014. Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

Chapter 5 Appeals

8 CSR 10-5.020 Delivery of Notice and Periods for Filing Protests and Appeals AND INDUSTRIAL RELATIONS Security {#sec-8-csr-10-5.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-5.020}

8 CSR 10-5.010 Appeals to an Appeals Tribunal {#sec-8-csr-10-5.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-5.010}

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 ex parte 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.

Amended: Filed Jan. 19, 1962, effective Jan. 29, 1962. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Rescinded and readopted: 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. 1979, 1984, 1996, 2006 and 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

History

• 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.

8 CSR 10-5.015 Appeal Hearings and Procedures for the disposition of preliminary matters and for the conduct of hearings before an appeals tribunal. {#sec-8-csr-10-5.015 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-5.015}

(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.

(3) In any proceeding pending before a hearing officer, claimants, employing units, or their representatives, shall, upon written request, be supplied with information from division records to the extent division records are available to the hearing officer, as necessary for the proper preparation and presentation of any claim for unemployment benefits or appeal of employer liability.

(4) Hearings may be conducted in-person, by telephone, or by a combination of telephone and in-person attendance referred to as a split hearing in this regulation.

(A) Hearings shall be conducted by telephone unless— 1. A party requests an in-person hearing; or 2. A hearing officer, on his/her own motion, schedules an in-person hearing.

(B) Any party shall have an absolute right to an in-person hearing.

1. A request for an in-person hearing shall be delivered to the hearing officer as soon as possible in the appeals process but, in any event, no later than two (2) days prior to the date of the hearing.

2. Requests may be made via fax, telephone, or delivered to the appeals section in written form.

3. Requests for in-person hearings made later than two (2) days prior to the date of the hearing shall be referred to the chief appeals referee or his/her designee(s) for disposition.

4. A request for an in-person hearing may only be withdrawn upon a showing of extreme circumstances precluding the requesting party’s in-person attendance.

(C) The hearing officer may, on the hearing officer’s own motion or the motion of a party, schedule a matter for an in-person hearing or adjourn any split or telephone hearing in progress for an in-person hearing, if, in the hearing officer’s opinion, conducting any part of the hearing by telephone is unsatisfactory.

(D) A split hearing, with the parties present at different locations at the same time, may be scheduled only if an in-person or telephone hearing is not possible or the parties agree to or request a split hearing.

(5) Notices of Hearing.

(A) Notice of Hearing shall be mailed, by regular United States mail, to the address of record in the appeal file of each party, attorney who has entered an appearance, and others appearing in a representative capacity who have filed notice of intent to represent.

Notices shall be mailed at least seven (7) days prior to the date of the hearing. These notices shall specify the date, time, and place or method of hearing and shall set forth the address of the office to which all requests or other correspondence concerning the hearing should be directed.

(B) The hearing officer or the designated appeals’ clerk shall complete a certification that the Notice of Hearing was mailed to each of the parties and representatives of record at the addresses listed in the official file.

(6) Postponements.

(A) The hearing officer, upon request of a party or upon his/her own motion, may postpone a hearing. Postponements may be granted if— 1. The request is promptly made after the party receives the Notice of Hearing or after the circumstance requiring postponement arises; and 2. The party has good cause for not attending the hearing at the time and date set.

Good cause exists when the circumstances causing the request are beyond the reasonable control of the requesting party and failure to grant the postponement would result in undue hardship for the requesting party.

(B) No party may presume that a postponement is granted unless duly notified of the granting by the appeals tribunal.

(C) Any further requests for a postponement by a party will be denied except in extraordinary circumstances.

(7) Continuances and Additional Evidence.

(A) Any hearing may be continued from time-to-time or place-to-place at the discretion of the hearing officer.

(B) All parties shall be prepared to introduce all of their evidence when the case is set for hearing as continuances for additional evidence will be granted only when the hearing officer is satisfied that the additional evidence is necessary to a full and complete hearing and was unavailable at the original setting because of surprise or because the party was unable to obtain the evidence after diligent and good faith efforts to obtain such evidence.

(C) Hearings rescheduled as a result of insufficient time to complete the hearing at the first setting will not include, at the second or subsequent setting, any witnesses or evidence not available at the original setting subject to subsection (B) of this section.

(D) If subsequent to hearing, but prior to mailing of the decision, the hearing officer decides that an additional hearing is necessary, the parties shall be advised in writing.

(8) Subpoenas.

(A) Subpoenas to compel the attendance of witnesses or the production of books, papers, correspondence, memoranda, and other records or items either in-person or by telephone may be issued by a hearing officer— 1. Upon his/her own motion; or 2. At his/her discretion, upon the request of a party who has— A. Demonstrated that the evidence sought to be procured is relevant and necessary; and B. Made a good faith effort to obtain the attendance of the witness or the production of the documents but has been unable to do so.

(B) The subpoena request shall be submitted to the hearing officer in sufficient time before the hearing to permit preparation and service of the subpoena before the hearing.

(C) Service of a subpoena may be by certified mail or personal service. If service is to be by certified mail, the request shall include a current address of the person to be served and specify that service is being requested to be by certified mail.

(D) A subpoena shall be served by delivering a copy of the subpoena to the person named therein no later than forty-eight (48) hours before the time for the appearance set forth in said subpoena.

(E) Witnesses subpoenaed for any hearing before a hearing officer shall be paid witness and mileage fees in the same amounts as paid in civil actions before the circuit courts of this state, provided the witness and mileage fees are claimed within five (5) days of the date of the hearing and certified to by the witness and approved by the hearing officer Approved payment shall be made out of the Unemployment Compen sation Administration Fund. Under no circumstances shall parties to the case be granted witness or mileage fees.

(F) A person served with a subpoena or a subpoena duces tecummay object to its terms by making a motion to quash as soon as possible after service. The hearing officer shall resolve the objection and may make an order appropriate to protect the parties or the witnesses from unreasonable or oppressive demands. If a party, or any person or organization within the control of a party, fails to obey a subpoena of a hearing officer, the hearing officer shall treat the evidence requested but not produced as establishing an inference favorable to the position of the party who subpoenaed the item subject to the opposing party’s right to seek an order quashing or limiting the scope of the subpoena.

(9) Participation and Representation at Hearings.

(A) A claimant may represent him/herself or be represented by a duly authorized agent, who may not charge a fee for the representation.

(B) A party, which is a corporation, partnership or other business entity authorized by law may be represented by an officer or a person employed full-time in a managerial capacity. For purposes of this regulation, managerial capacity includes any person who has managerial or supervisory duties as defined by the party.

(C) An employee of a corporation, partnership, or other business entity authorized by law who is not an officer or full-time managerial employee may appear, testify, and offer exhibits in hearings in which the business entity is a party. The employee’s participation at the hearing is limited to testifying and offering exhibits.

(D) Any party may be represented by a licensed Missouri attorney, a nonresident attorney appearing in compliance with Supreme Court Rule 9, or an eligible law student complying with Supreme Court Rule 13.

(E) All persons who will be acting in a representative capacity on behalf of a party before the hearing officer shall file notice of their intent to represent the party as soon as possible after being retained or chosen.

Attorneys shall file an entry of appearance, agents shall file an authorization signed by the claimant, and representatives shall file a statement of intent to act on behalf of the entity.

(F) No subsequent entry of appearance or notice of intent to represent shall be honored absent written withdrawal by the previous representative.

(G) In order to protect the integrity and fairness of the appeals process, the hearing officer requires all parties and persons acting in a representational capacity to comply with the following rules of conduct:

1. All participants shall appear for the hearing and be ready to proceed no later than the starting time listed on the notice of hearing;

2. All participants shall comply with all directions given by a hearing officer during a hearing;

3. Participants may not use dilatory tactics prior to or during a hearing;

4. Participants may not engage in abusive conduct, harass, intimidate, threaten, or cause physical harm to any hearing officer, party, witness, or member of the public in attendance;

5. Participants may not act in a manner disruptive or disrespectful to the operations of the appeals’ process;

6. All participants shall act in good faith and with integrity during the representation of a party and shall adhere to reasonable standards of orderly and ethical conduct;

7. The representative shall, to the extent reasonably possible, restrain the party represented by that individual from improprieties in connection with the hearing; and 8. Any individual who fails to follow these rules will be excluded from the hearing.

(10) Conduct of Hearings.

(A) All hearings shall be open public hearings and shall be conducted in an orderly manner. The hearing officer shall review the issues presented and set forth the procedures to be followed during the hearing. Persons whose presence would be detrimental to the proper conduct of the hearing may be excluded from the hearing by the hearing officer.

The hearing officer may examine all parties and witnesses and shall determine the order of testimony and procedure for each hearing.

Upon the motion of any party or the hearing officer, witnesses may be sequestered.

(B) In any hearing before a hearing officer, the following shall be the applicable rules of evidence and procedure:

1. Oral evidence shall only be taken by oath or affirmation;

2. Subject to this chapter’s restrictions regarding representation, each party has the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not a subject of the direct examination, to impeach any witness, regardless of which party first called the witness to testify, and to rebut the evidence against him/her;

3. A party who does not testify in his/her own behalf may be called and examined as if under cross-examination;

4. The hearing need not be conducted according to the common law or statutory rules of evidence or the technical rules of procedure. Hearsay evidence is generally admissible. Evidence is admissible if it is not irrelevant, immaterial, privileged, or unduly repetitious. Hearsay which is timely objected to shall not constitute competent evidence which, by itself, will support a finding of fact. A party or his/her attorney may advise the hearing officer of a defect in the character of any evidence introduced by voicing an objection. The hearing officer shall rule on the admissibility of all evidence. Any evidence received without objection which has probative value shall be considered by the hearing officer along with other evidence in the case;

5. Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of an act, transaction, occurrence, or event, shall be admissible as evidence of the act, transaction, occurrence, or event, if it was made in the regular course of any business and that it was the regular course of the business to make the memorandum or record at the time of the act, transaction, occurrence, or event or within a reasonable time thereafter. All other circumstances of the making of the writing or record, may be shown to affect the weight of the evidence, but the showing shall not affect its admissibility. The term business shall include business, profession, occupation, and calling of every kind; and 6. All documents introduced as evidence shall be marked as exhibits. A photocopy may be substituted for an original document.

Whenever practicable, demonstrative and physical evidence also shall be marked and placed in the record; otherwise, it shall be described in detail on the record.

(C) If the hearing officer believes that the deputy’s determination did not apply the correct provision(s) of law to the factual situation presented, the hearing officer, after informing the parties, may expand or otherwise alter the hearing to include the correct issues involved.

If one (1) or more parties object to the change in the hearing, the hearing officer shall continue the hearing to allow the parties time to prepare for the proper issues.

(11) Reassignment of Hearing Officer. A hearing officer may be reassigned under the following conditions:

(A) If for any reason, a hearing officer cannot complete disposition of an appeal, the case shall be assigned to another hearing officer;

(B) A hearing officer shall not conduct a hearing in which he/she may have a personal interest or conflict of interest or in which he/she would have a personal bias towards or against any of the parties;

(C) Any party to a proceeding before a hearing officer may request the disqualification of the hearing officer assigned to the proceeding by filing with the chief referee a signed, written statement detailing the reasons why the disqualification is necessary.

This request must be filed no later than five (5) days prior to the scheduled hearing date.

The chief referee, or designee, shall issue a written ruling on the request. The written ruling shall be interlocutory but may be specified as a grounds for appeal following the issuance of the decision of the hearing officer; and (D) If the chief referee, or designee, rules that a hearing officer shall not conduct a scheduled hearing, another hearing officer shall be assigned to hear the case. 288.220.5, RSMo 2016.* Original rule 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. 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 Nov. 1, 1995, effective April 30, 1996. Emergency amendment filed Dec. 11, 1996, effective Jan. 2, 1997, expired June 30, 1997. Amended: Filed Dec. 11, 1996, effective July 30, 1997. Emergency amendment filed Jan. 22, 1997, effective Feb. 1, 1997, expired July 30, 1997. Amended:

Filed Jan. 22, 1997, effective July 30, 1997.

Amended: Filed Sept. 9, 1998, effective March 30, 1999. Amended: Filed April 5, 2002, effective Oct. 30, 2002. Amended:

Filed Nov. 22, 2017, effective June 30, 2018. 1979, 1984, 1996, 2006 and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995, 2014.

8 CSR 10-5.020 Delivery of Notice and Periods for Filing Protests and Appeals {#sec-8-csr-10-5.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-5.020}

(Rescinded March 13, 1983)

Original rule filed Aug. 30, 1974, effective Sept. 9, 1974. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Rescinded:

Filed Dec. 14, 1982, effective March 13, 1983.

History

• AUTHORITY: section 288.220, RSMo 1978.

8 CSR 10-5.030 Telephone Hearings Before a Hearing Officer for conducting due process hearings by telephone conference under section 288.190, RSMo. {#sec-8-csr-10-5.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-5.030}

(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.

(2) Participation.

(A) Election of an in-person hearing by a party must be conveyed to the hearing offi cer at least two (2) days prior to the hearing and acknowledged by the hearing officer. Absent acknowledgement, a party may not assume that its appearance is scheduled in-person.

(B) Election by a party not to participate by telephone shall not be binding on other parties to the proceeding who may, at the discretion of the hearing officer, present evidence by telephone.

(C) Whenever a party does not have access to a telephone, the party may appear by telephone from any Workforce Development office.

(3) Testimony.

(A) Witnesses must testify from their own recollection.

(B) A witness may use notes or records to refresh his/her memory so long as copies of the records or items used for that purpose have been mailed, faxed, or otherwise delivered to the other participants by the time of the hearing in order to allow cross-examination of the witness on that basis.

(C) The hearing officer may make such inquiry on the record as she/he deems appropriate to ascertain the identity of the individuals participating by telephone.

(D) Telephone hearings are judicial evidentiary proceedings and shall not be subject to interruptions. If a party leaves the phone for any reason, such action shall be considered voluntary and the hearing shall proceed without such party.

Filed Oct. 17, 1988, effective March 26, 1989. Emergency amendment filed Dec. 11, 1996, effective Jan. 2, 1997, terminated March 31, 1997. Rescinded and readopted:

Filed April 30, 2002, effective Oct. 30, 2002.

Amended: Filed Jan. 23, 2012, effective July 30, 2012. 1979, 1984, 1996, 2006 and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

History

• AUTHORITY: section 288.190, RSMo Supp. 2011, and section 288.220.5., RSMo 2000. Original rule filed Dec. 14, 1982, effective March 13, 1983. Emergency amendment filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed July 12, 1984, effective Oct. 11, 1984. Amended:

8 CSR 10-5.035 Appeal Hearings for Interstate Claimants {#sec-8-csr-10-5.035 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-5.035}

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.

History

• AUTHORITY: section 288.220, RSMo 1986. Original rule filed Aug. 31, 1990, effective Dec. 31, 1990. Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971.

8 CSR 10-5.040 Orders of a Hearing Officer for dismissal of certain appeals. {#sec-8-csr-10-5.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-5.040}

(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.

(2) Failure to Appear for Hearings.

(A) If the appellant fails to appear at a hearing at the scheduled time or location, the appeal shall be dismissed.

(B) If such dismissal is set aside, the matter shall be scheduled for hearing. The threshold issue shall be whether the appellant had good cause for failing to appear for the prior setting. The merits of the appeal may also be heard. If good cause is not found, the hearing officer shall reinstate the order of dismissal. If good cause is found, the hearing officer shall rule on the merits of the appeal.

(3) Dismissal of Appeals.

(A) An order of dismissal shall recite the essential facts, which establish the failure to file the appeal within the time allowed by statute or the failure of the appellant to appear at the scheduled time, and the order dismissing the appeal.

(B) Copies of the order of dismissal shall be mailed to all parties.

(C) Upon written request of the appellant, or upon its own motion, a hearing officer may set aside an order of dismissal and have the appeal reset for hearing if the request and set aside occur within thirty (30) days of the dismissal.

(4) Withdrawal of Appeals. An appellant, subject to the approval of the hearing officer, may withdraw an appeal prior to the mailing of the decision. The withdrawal request must be in writing and signed by either the appellant or the appellant’s representative, or entered orally on the record. If approved, the hearing officer shall issue a written order of withdrawal.

(5) Application for Review.

(A) When a written request to reconsider or set aside an order of dismissal is not granted, the request shall be considered an application for review to the Labor and Industrial Relations Commission.

(B) Any written request by the appellant to set aside an order of withdrawal shall be considered an application for review to the Labor and Industrial Relations Commission. 288.220.5, RSMo 2000.* Original rule filed Dec. 14, 1982, effective March 13, 1983.

Emergency amendment filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed July 12, 1984, effective Oct. 11, 1984. Amended: Filed Oct. 17, 1988, effective March 26, 1989. Emergency amendment Filed July 25, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997.

Amended: Filed July 25, 1996, effective Jan. 30, 1997. Rescinded and readopted: Filed April 30, 2002, effective Oct. 30, 2002. 1979, 1984, 1996 and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

On May 13, 1998, the Missouri Court of Appeals, Western District held that 8 CSR 10- 5.040(4), effective March 26, 1989, was invalid as it applies to cases brought under

section 288.130.4 because it is plainly inconsistent with the legislature’s intention and is an unreasonable restriction of an employer’s statutory right to an extension to the 15-day period for filing an appeal from the deputy’s determination. Pharmflex, Inc. vs. Division of Employment Security,Case No. WD 53233 (Mo. App. 1998).

8 CSR 10-5.050 Decisions of an Appeals Tribunal {#sec-8-csr-10-5.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-5.050}

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.

(3) Notification of the decision shall include the following procedure:

(A) A copy of the decision shall be mailed to the address of record of the parties and attorneys of record, if any, by regular United States mail. Information accompanying the decision shall advise the parties of their right to, and the means by which, an application for review of the decision may be filed with the Labor and Industrial Relations Commission; and (B) The hearing officer or his/her designated clerk shall complete a certification that the decision was mailed to each of the parties and attorneys of record at the addresses listed in the official file.

(4) At any time up to thirty (30) days from the date of a decision and prior to an application for review, a hearing officer may issue a corrected decision to eliminate any errors. This

section does not supersede the provisions of this chapter regarding orders of dismissal.

(5) If the hearing officer receives a signed written communication from a party which expresses disagreement with a decision or order, or which otherwise indicates a desire to file an application for review, the hearing officer shall forward it to the Labor and Industrial Relations Commission. This section does not supersede the provisions of this

chapter regarding orders of dismissal. 288.220.5, RSMo 2000.* Original rule filed Oct. 17, 1988, effective March 26, 1989.

Emergency amendment filed July 25, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Amended: Filed July 25, 1996, effective Jan. 30, 1997. Amended: Filed April 5, 2002, effective Oct. 30, 2002. 1979, 1984, 1996 and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

Chapter 6 Veterans' Unemployment Compensation Program

8 CSR 10-6.010 Veterans’ Unemployment Compensation Program {#sec-8-csr-10-6.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 10-6.010}

PURPOSE: This rule establishes the standards and procedures for the provision of state-funded unemployment compensation to war on terror veterans. This rule implements

section 288.042, RSMo.

(1) Program Title. The provisions of section 288.042, RSMo providing state-funded unemployment compensation benefits to war on terror veterans shall hereinafter be referred to as the “Missouri Veterans’ Unemployment Compensation Program.”

(2) Funding. Subject to appropriation and the availability of funds, all expenditures for the Missouri Veterans’ Unemployment Compensation Program, including expenditures for administrative expenses, veterans’ unemployment compensation benefits, and refunds of erroneous fines, shall be paid from state funds deposited in the “War on Terror Unemployment Compensation Fund.”

(3) Definitions. As used in this rule, except as otherwise required for the context, the following terms shall have the meanings ascribed:

(A) “Applicant” means an individual who files with the division an application for determination of entitlement to veterans’ unemployment compensation;

(B) “Deputy” means a representative of the division designated to make investigations, administrative determinations, and assessments concerning applications for veterans’ unemployment compensation and employer administrative penalties;

(C) “Division” means the Missouri Division of Employment Security;

(D) “Director” means the director of the Missouri Division of Employment Security;

(E) “Employed” means engaged to perform services for wages under any contract of hire whether written, oral, express, or implied. In determining whether an employer-employee relationship existed, the division shall apply the common law right of control test. In applying such test, the division shall consider Missouri and federal case law, United States Treasury regulations, and Internal Revenue Service revenue rulings;

(F) “Employer” means any individual, partnership, corporation, or other legal entity which has or had in its employ one or more individuals performing services for wages or under any contract of hire whether written, oral, express, or implied;

(G) “Wages” means all remuneration paid for personal services including commissions, bonuses, gratuities, severance pay, vacation pay, holiday pay, and the cash value of all remuneration paid in any medium other than cash; and (H) “War on terror veteran” is an individual who meets all of the following criteria:

1. The individual is a Missouri resident who serves or has served in the United States military;

2. The individual is or was a member of the National Guard or a member of a United States armed forces reserves unit who was officially domiciled in the state of Missouri immediately prior to deployment;

3. The individual was deployed as part of his or her military unit at any time after September 11, 2001, and such deployment caused the individual to be unable to continue working for his or her non-military employer;

4. The individual was employed either

part-time or full-time before deployment; and 5. A Missouri court or United States district court located in Missouri has found that the individual was discharged from or laid off from his or her non-military employment during deployment or within thirty (30) days after the completion of his or her deployment. Such court judgment must be final. For purposes of this rule, the individual shall be considered to have been discharged from his or her non-military employment if he or she is not offered the same wages, benefits, and similar work schedule upon his or her return after deployment.

(4) Benefit Entitlement. Subject to appropriation and availability of funds in the War on Terror Unemployment Compensation Fund, any war on terror veteran shall be entitled to receive veterans’ unemployment compensation benefits pursuant to section 288.042, RSMo and this rule. A war on terror veteran shall be entitled to a weekly benefit amount of eight percent (8%) of the wages paid to the war on terror veteran during the calendar quarter in which the war on terror veteran earned the highest amount within the five (5) completed calendar quarters in which the war on terror veteran received wages immediately before deployment. However, the maximum weekly benefit amount shall not exceed one thousand one hundred fiftythree dollars and sixty-four cents ($1,153.64). A war on terror veteran shall be entitled to receive a weekly benefit amount for twenty-six (26) weeks.

(5) Payment of Benefits. At the discretion of the division, all veterans’ unemployment compensation benefits payable to a war on terror veteran shall be paid either by means of electronic funds transferred directly into an account at a financial institution designated by the war on terror veteran or by issuance of a debit card to the war on terror veteran. As directed by a deputy, a war on terror veteran shall complete a direct deposit application form authorizing the division to directly deposit veterans’ unemployment compensation benefit payments into a designated checking or savings account. A war on terror veteran may change the designated checking or savings account by completing and transmitting to the division a new direct deposit application form. If a deputy directs a war on terror veteran to complete a direct deposit application form, the division shall not pay veterans’ unemployment compensation benefits to the war on terror veteran until such time as he or she has completed and returned to the division the completed direct deposit application form.

(6) Application to the Program. Individuals desiring to claim veterans’ unemployment compensation benefits shall file with the division, on an approved form included herein, an Application for Missouri Veterans’ Unemployment Benefits for determination of entitlement to veterans’ unemployment compensation benefits. A deputy shall examine each such application to determine if the applicant is entitled to veterans’ unemployment compensation benefits. If the deputy determines that the applicant is entitled to receive veterans’ unemployment compensation benefits, the deputy shall also determine the applicant’s weekly benefit amount. The applicant shall bear the burden of proving his or her entitlement to veterans’ unemployment compensation benefits. The division shall mail a copy of the deputy’s determination to the applicant at the applicant’s last known address. If the applicant is aggrieved by the deputy’s determination, the applicant may appeal the determination by filing an appeal with the division. The appeal must be filed in accordance with the provisions of section (10) of this rule.

(7) Recovery of Overpaid Benefits. Any individual who, by reason of error, omission, or misrepresentation of a material fact, has received veterans’ unemployment compensation to which he or she is not entitled shall, in the discretion of the division, either be liable to have such sums deducted from any future veterans’ unemployment compensation benefits payable pursuant to section 288.042, RSMo and this rule or shall be liable to repay to the division for the War on Terror Unemployment Compensation Fund a sum equal to such veterans’ unemployment compensation so received by such individual. In addition, to other remedies provided by law and this

rule, the division shall pursue recovery of overpaid veterans’ unemployment compensation benefits through setoffs against state income tax refunds. The division shall pursue recovery of overpaid veterans’ unemployment compensation benefits through setoffs against federal income tax refunds as permitted by federal law.

(A) A deputy shall issue an assessment to any individual who has received veterans’ unemployment compensation benefits to which he or she is not entitled. Such assessment shall be made and served in the manner provided in section 288.160, RSMo. Within thirty (30) days of the date of service or mailing of the assessment, the individual may file a petition for reassessment with the division.

The petition for reassessment must be filed in accordance with the provisions of section (10) of this rule.

(B) If the overpaid veterans’ unemployment compensation benefits are not repaid and the assessment of such overpaid benefits has become final, the division may file for record in the office of the clerk of the circuit court in the county in which the individual resides, or any other county in which the individual has property, or all of them, a certificate specifying the amount of overpaid veterans’ unemployment compensation benefits in the manner provided in section 288.170, RSMo. From the time of the filing of such certificate, the amount of overpaid veterans’ unemployment compensation benefits specified therein shall have the force and effect of a judgment of the circuit court until the same is satisfied by the division through its duly authorized agents. Execution shall be issuable at the request of the division, its agent or attorney as is provided in the case of other judgments. No exemption shall be allowed from the levy of an execution issued for such overpaid veterans’ unemployment compensation benefits and no indemnifying bond shall be required by the sheriff before making levy. If the individual defaults in the payment of such overpaid veterans’ unemployment compensation benefits, the division may file a civil action or take such other action as provided by law to collect the overpaid benefits.

(8) Employer Penalties. Any employer who is found in any Missouri court or United States district court located in Missouri to have terminated, demoted, or taken an adverse employment action against a war on terror veteran due to his or her absence while deployed shall be subject to an administrative penalty in the amount of thirty-five thousand dollars ($35,000). Such court judgment must be final. In addition, to other remedies provided by law and this rule, the division shall pursue collection of the administrative penalty through setoffs against state income tax refunds. The division shall also pursue collection of the administrative penalty through setoffs against federal income tax refunds as permitted by federal law.

(A) A deputy shall issue an assessment to any such employer for the administrative penalty in the amount of thirty-five thousand dollars ($35,000). Such assessment shall be made and served in the manner provided in

section 288.160, RSMo. Within thirty (30) days of the date of service or mailing of the assessment, the employer may file a petition for reassessment with the division. The petition for reassessment must be filed in accordance with the provisions of section (10) of this rule.

(B) If the administrative penalty is not paid and the assessment of such penalty has become final, the division may file for record in the office of the clerk of the circuit court in the county in which the employer resides, or has his or her place of business, or any other county in which the employer has property, or all of them, a certificate specifying the amount of the administrative penalty in the manner provided in section 288.170, RSMo. From the time of the filing of such certificate, the amount of the administrative penalty specified therein shall have the force and effect of a judgment of the circuit court until the same is satisfied by the division through its duly authorized agents. Execution shall be issuable at the request of the division, its agent or attorney as is provided in the case of other judgments. No exemption shall be allowed from the levy of an execution issued for such administrative penalty and no indemnifying bond shall be required by the sheriff before making levy. If the employer defaults in the payment of such administrative penalty, the division may file a civil action or take such other action as provided by law to collect the penalty.

(9) Refund of Erroneous Penalties. If not later than three (3) years after the date on which an employer has paid an administrative penalty assessed by the division, the employer may request a refund of such penalty.

While the request for refund must be in writing, no specific form shall be required. The request for refund must be signed by an officer or authorized representative of the employer. If a deputy determines that the administrative penalty was in fact erroneously assessed, the division shall refund the amount of such penalty without interest. The employer shall bear the burden of proving that the administrative penalty was erroneously assessed. If the deputy determines that the administrative penalty was not erroneously assessed, the request for refund shall be denied. If the deputy denies the request for refund, the employer may file an appeal with the division. The appeal must be filed in accordance with the provisions of section (10) of this rule.

(10) Appeals.

(A) Any individual, partnership, corporawhich is aggrieved by a determination issued by a deputy may file an appeal with the division. The appeal must be filed within thirty (30) days of the date the determination was mailed. While the appeal must be in writing, no specific form shall be required. An appeal filed by an individual must be signed by the individual, the individual’s authorized agent, or the individual’s attorney licensed to practice law in the state of Missouri. An appeal filed by a partnership, corporation, or other legal entity authorized by law must be signed by an officer of the entity, full-time managerial employee of the entity, or an attorney licensed to practice law in the state of Missouri. The division shall be a party to any appeal filed pursuant to this rule. If a timely appeal is filed, the parties shall be granted a hearing before an impartial hearing officer designated by the director. The hearing shall be held in accordance with the provisions of

Chapter 536, RSMo. Any party aggrieved by the decision of the hearing officer may seek judicial review in accordance with section 536.110, RSMo.

(B) Any individual, partnership, corporawhich is aggrieved by an assessment issued by a deputy may file a petition for reassessment with the division. The petition for 4CODE OF STATE REGULATIONS reassessment must be filed within thirty (30) days of the date the assessment was served or mailed. While the petition for reassessment must be in writing, no specific form shall be required. A petition for reassessment filed by an individual must be signed by the individual, the individual’s authorized agent, or the individual’s attorney licensed to practice law in the state of Missouri. A petition for reassessment filed by a partnership, corporamust be signed by an officer of the entity, full-time managerial employee of the entity, or an attorney licensed to practice law in the state of Missouri. The division shall be a party to any petition for reassessment filed pursuant to this rule. If a timely petition for reassessment is filed, the parties shall be granted a hearing before an impartial hearing officer designated by the director. The hearing shall be held in accordance with the provisions of Chapter 536, RSMo. Any party aggrieved by the decision of the hearing officer may seek judicial review in accordance with section 536.110, RSMo.

(11) Federal Judgments. The division shall take judicial notice of judgments in suits brought under the Uniformed Service Employment and Reemployment Rights Act (38 U.S.C. 4301) and such judgments shall be conclusive with regard to an applicant’s entitlement to veterans’ unemployment compensation and an employer’s liability for the administrative penalty set forth in subsection 4 of section 288.042, RSMo.

(12) Records and Information.

(A) In addition to the information required on the application to determine entitlement to veterans’ unemployment compensation benefits, an applicant shall provide such other information the deputy deems reasonably necessary to determine the applicant’s entitlement to veterans’ unemployment compensation benefits and the applicant’s weekly benefit amount.

(B) Each employer shall provide copies of business records and such other information as the deputy deems reasonably necessary to determine an applicant’s entitlement to veterans’ unemployment compensation benefits and an applicant’s weekly benefit amount.

Each employer shall also provide copies of business records and such other information, as the deputy deems reasonably necessary to determine the propriety of an administrative penalty.

(C) In discharging the duties imposed by

section 288.042, RSMo, the director and any authorized representative may administer oaths and affirmations, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of business records and other documents. If any person refuses to obey a subpoena issued by the director or any authorized representative, the division may seek enforcement of the subpoena in any court within this state having jurisdiction of the person.

(13) Filing Documents. Any application, appeal, petition for reassessment, or other document required under this rule to be filed with the division shall be deemed filed on the date received by the division. In instances where the last day for the filing of any such paper falls on a Saturday, Sunday, or legal holiday, the filing shall be deemed timely if accomplished on the next day which is neither a Saturday, Sunday, nor a legal holiday.

(14) Facsimile Transmission. Any document required under this rule to be filed with the division may be filed by facsimile transmission. Documents received by facsimile transmission on a regular division workday will be considered filed on the date of receipt. A facsimile transmission received on a Saturday, Sunday or legal holiday will be considered filed on the next regular division workday. The date and time of receipt will be determined by the division’s receiving fax machine.

6CODE OF STATE REGULATIONS

8CODE OF STATE REGULATIONS

History

• AUTHORITY: section 288.042, RSMo Supp. 2007 and section 288.220, RSMo 2000. Original rule filed Sept. 13, 2007, effective March 30, 2008. Original authority: 288.042, RSMo 2006, amended 2007 and 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.

Division 20 Labor and Industrial Relations Commission

Chapter 1 Organization

8 CSR 20-1.010 The Labor and Industrial {#sec-8-csr-20-1.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-1.010}

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 IV, 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.

State ex inf. Danforth v. Butler, 524 SW2d1 (1975). The Omnibus State Reorganization Act of 1974 did not abolish the Industrial Commission, in fact, but was “abolished” only as related to the transfer of duties, powers and functions of office to the Labor and Industrial Relations Commission. Provisions that members of Industrial Commission succeed to membership as Labor and Industrial Relations Commission was not unconstitutional as conflicting with constitutional powers of governor, as order by Reorganization Act of 1974.

Graphenreed v. Ford Motor Company, 482 SW2d68 (Mo. App. 1972). Where a final award affirming a referee’s decisions was properly signed by two commissioners, this constituted a quorum or majority as required by section 286.010, RSMo (1969). Similarly the order denying the motion to vacate was properly signed by two members thus constituting a majority. The award and order were therefore acts of the commission and were totally within its powers.

Op. Atty. Gen. No. 49, Bradford,8-27-79.

The salary of members of the Labor and Industrial Commission, set by statute at $28,000 per annum, cannot be increased by reorganization plan.

MATTBLUNT(10/31/01)

History

• AUTHORITY: section 286.010, RSMo 1986. Original rule filed Dec. 18, 1975, effective Dec. 28, 1975. Original authority: 286.010, RSMo 1945, amended 1995.

Chapter 2 General Rules

8 CSR 20-2.010 Governing Rules {#sec-8-csr-20-2.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-2.010}

PURPOSE: This rule outlines the practice and procedures of the commission, in general.

(1) The following rules govern practice and procedures in any proceeding before the commission.

(2) These rules are subject to amendment at any time pursuant to the terms and provisions of Chapter 536, RSMo.

(3) The commission’s mailing address is PO Box 599, Jefferson City, MO 65102; its office address and hours are listed on the commission’s website. The commission, at its discretion, may hold meetings at any time and at any location within Missouri or by electronic means.

(4) The commission may send correspondence to and receive correspondence from parties to any matter before the commission through in-person delivery, the United States Post Office, by facsimile transmission, or by electronic means as set forth on the commission’s website, including the commission’s general email address listed on its website. The commission will not accept through its general email address any application for review, motion, brief, or other paper required under the law to be filed with the commission. Except for applications for review filed in employment security matters, the commission may accept applications for review, motions, briefs, or other papers required under the law to be filed with the commission through in-person delivery, the United States Postal Office, by facsimile transmission, or by electronic means as set forth on the commission’s website. When sending correspondence to the commission or when filing applications for review (except for applications for review filed in employment security matters), motions, briefs, or other papers required under the law to be filed with the commission, the submitting party to a matter must also send copies of the same to all opposing parties and submit a certificate of service to the commission verifying that a copy has been sent to the opposing party(ies).

Applications for review filed in employment security matters are governed by 8 CSR 20-4.010.

(5) Any notice of appeal, application for review, motion, brief, or other paper required under the law to be filed with the commission, as set forth in section (4) above shall be deemed filed as of the date endorsed by the United States Post Office, or in the absence of such endorsement, as of the date the commission physically receives the filing or by the date and time recorded by the commission’s facsimile machine or computer system used to receive electronic filings as set forth on the commission’s website. In instances where the last day for the filing of any such paper falls on a Saturday, Sunday, or legal holiday, the commission shall deem the filing timely if accomplished on the next day subsequent that is neither a Saturday, Sunday, or legal holiday.

(6) Generally, the commission will send its official orders and decisions through the United States Postal Service. The commission may send courtesy copies of its orders and decisions by facsimile, through its general email address as listed on its website, or by other electronic means as listed on its website.

(7) The commission, its members, staff, and legal counsel will not accept service of process on the commission, its members, or staff, and legal counsel by facsimile transmission or by electronic means.

Amended: Filed Feb. 10, 2022, effective Aug. 30, 2022. Amended:

Filed Aug. 6, 2025, effective Feb. 28, 2026. *Original authority: 286.060, RSMo 1945, amended 1947, 1980, 1995, 2011.

History

• AUTHORITY: section 286.060, RSMo 2016. This version of rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended: Filed Aug. 15, 1991, effective Jan. 13, 1992. Amended: Filed Oct. 28, 1998, effective April 30, 1999. Amended: Filed July 19, 2005, effective Dec. 30, 2005. Amended: Filed April 11, 2019, effective Oct. 30, 2019.

Chapter 3 Rules Relating to Division of Workers' Compensation

8 CSR 20-3.010 Jurisdiction {#sec-8-csr-20-3.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-3.010}

PURPOSE: This rule states powers, duties, and functions delegated to the division and separates jurisdiction of the division and commission in contested cases and settlements.

(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 tion 287.280, RSMo relative to employers who carry their own insurance (self-insurers);

(D) The duties and responsibilities given tion 287.220, RSMo relative to the Second Injury Fund;

(E) The duties and responsibilities given tion 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.

(2) Original Hearings—Administrative Law Judges, Authority and Power.

(A) All original hearings in contested cases shall be heard by the administrative law judges of the division. In any case which has been regularly assigned to an administrative law judge by the director of the division, that administrative law judge shall have full power, jurisdiction and authority to issue all interlocutory orders necessary to the proper and expeditious handling of the case.

(B) Those interlocutory orders, including formal dismissal of unnecessary parties, shall be entered in the minutes of hearings and shall become final upon the issuance of a final award by the administrative law judge.

(C) An administrative law judge shall not have any authority to change or modify a final award issued by an administrative law judge after the lapse of twenty (20) days from the date of issuance of an award or after an application for review (see 8 CSR 20-3.030) has been filed with the commission in connection with any final award, order, or decision of an administrative law judge.

(D) Any administrative law judge shall have authority and power to approve motions for settlement of workers’ compensation claims; provided, the claim is pending in the division for adjudication. No administrative law judge shall have authority to approve settlement of workers’ compensation claims pending before the commission.

(3) Original Hearings—Compromise Settlements.

(A) No original hearings in contested cases shall be heard by the commission or any member of the commission. No compromise settlement of a workers’ compensation claim shall be accepted for consideration by the commission or any of its members for approval if the claim is pending in the division.

(B) All motions for settlement of claims pending before the commission shall be submitted to the commission for approval.

(C) All compromise settlements of workers’ compensation claims pending in the circuit or appellate courts shall be submitted to the commission for approval. Before filing the settlement for consideration by the commission, the parties seeking to settle the claim shall first petition the court for an appropriate order remanding the matter or otherwise restoring jurisdiction to the commission for consideration of the settlement.

The commission cannot act on any request to consider a settlement until the court so disposes of the matter.

(4) Modifying Benefit Awards. The commission shall have sole authority to modify final awards allowing benefits to employees or dependents. The commission may modify benefit awards from time-to-time upon motion by an interested party. All motions for modification of final awards shall be made to the commission and the movant shall have the burden to submit proof of the change of condition or status of the parties receiving the benefits, and will also be responsible for providing to the commission, with the motion, contact information for the employee, and/or each dependent affected by the motion, including current addresses. Moving parties are advised that if the commission is unable to provide due notice of the sought modification to each interested party, the commission will not take any action to modify the award. Proof of the remarriage of the dependent surviving spouse shall be made by filing a copy of the marriage license of the remarried dependent surviving spouse or affidavit of the surviving spouse admitting remarriage. Proof of the death of the employee or any dependent shall be made by filing a copy of the death certificate of the employee or dependent. Evidence of the remarriage of the dependent surviving spouse or the death of the employee or dependents may be made by deposition or other evidence as the commission may specify.

(5) Lump Sum Payment of Compensation (Motion for Commutation).

(A) A motion for commutation of compensation due may be filed with the division or one of its administrative law judges at the time a hearing is held and evidence shall be heard on the motion. If payment of compensation is awarded by the administrative law judge, a decision shall be made by the administrative law judge relative to the motion for lump sum payment.

(B) The commission has jurisdiction over any motion for commutation in all cases in which the award has become final.

(C) Where the motion for commutation is not jointly agreed by the parties, the moving party has the burden to: (1) file a copy of the motion for commutation with the commission; and (2) serve a copy of the motion to all interested parties.

(D) When interested parties are notified of the motion, they may file a response with the commission within twenty (20) days of notification. If no objection is filed, the commission will review the motion upon the facts and evidence submitted by the movant and make a decision without ordering a formal hearing.

(E) If objections to the commutation are filed, the commission may remand the matter to the division for a hearing. Upon return of the file, the commission shall review the evidence and render its decision.

(F) The commission shall send an order allowing or denying the motion by United States mail to all interested parties.

(G) A commutation of compensation due a minor dependent shall not be approved or ordered until a legal guardian for the dependent has been appointed by the probate court of the county in which the dependent resides and proof of the appointment of a guardian and a certificate of the probate court certifying that the guardian has qualified shall be filed with the commission.

(H) In cases where there is a prior award of benefits or a duly approved settlement that has finally resolved the parties’ respective rights and duties with regard to periodic benefits payable in the claim, the commission cannot consider a joint motion for payment of a lump sum as a compromise settlement under section 287.390, RSMo, unless the parties are able to identify, in their motion, a legitimate, presently justiciable dispute, over which the commission would have jurisdiction. In the absence of such dispute, and where the parties desire merely to close out or redeem the remaining obligations under the award or settlement via payment of a lump sum, the commission will treat the motion as one for commutation pursuant to

section 287.530, RSMo.

(I) Where a motion for commutation is jointly agreed by the parties, the commission will consider the motion provided it includes the following:

1. For motions to commute permanent total disability or death benefits:

A. The employee or dependent’s date of birth and presumed life expectancy, including, in the event the parties are requesting that the commission presume a life expectancy that substantially differs from that indicated in the most recent edition of the National Vital Statistics Reports published by the U.S.

Department of Health & Human Services, a written opinion from a medical professional explaining why the life expectancy so differs;

B. The discount rate and actuarial assumptions utilized by the parties in calculating the present-day or commutable value of the future installments that may be expected under the award or settlement;

C. The specific facts and circumstances that would support a determination by the commission that commutation will be in dents; or will avoid undue expense or undue hardship to either party; or that the employee or dependent has removed or is about to remove from the United States; or that the employer has sold or otherwise disposed of the greater part of its business or assets; and D. In the event the parties are seeking commutation on the basis that such will be in dents, or will avoid undue expense or undue hardship to either party, the specific facts and circumstances that would support a determination by the commission that unusual circumstances exist in the case that warrant a departure from the normal method of payment; and 2. For motions to commute open future medical benefits where the underlying award or settlement does not expressly pre serve to the employer/insurer the discretionary right to close future medical benefits by funding an annuity or Medicare Set-Aside trust account— A. The employee’s date of birth and presumed life expectancy, including, in the event the parties are requesting that the commission presume a life expectancy that substantially differs from that indicated in the most recent edition of the National Vital Statistics Reports published by the U.S.

Department of Health & Human Services, a written opinion from a medical professional explaining why the life expectancy so differs;

B. The medical expenses incurred by the employee in connection with the claim for at least the last five (5) years, if any, listed by date, provider, treatment, and amount;

C. The discount rate and actuarial assumptions utilized by the parties in calculating the commutable value of the future installments of medical expenses that may be expected under the award or settlement;

D. Whether the employee is currently, or reasonably anticipated to become, within the next thirty (30) months, a Medicare beneficiary, and if so, whether Medicare has made any conditional payments for medical treatment related to the work injury;

E. If a Medicare Set-Aside trust account is proposed to commute the future installments of medical care, whether all reasonably anticipated future medical expenses are of the type that will be covered by Medicare upon exhaustion of the commutation funds, or, in the alternative, an identification of what additional sums are being paid to cover expenses not covered by Medicare, including any evidence, attestation, or other information that would support a finding by the commission as to the sufficiency of such additional sums;

F. A signed statement from the employee memorializing his or her understanding and agreement that the funds from the proposed commutation should be used exclusively for the purpose of paying for medical treatment related to the work injury, and that failure to expend the commutation funds for such purpose may jeopardize the employee’s later ability to obtain any financial assistance (via Medicare, private insurance, or otherwise) for future medical expenses related to the work injury; and G. The specific facts and circumstances that would support a determination by the commission that commutation will be in dents; or will avoid undue expense or undue hardship to either party; or that the employee or dependent has removed or is about to remove from the United States; or that the employer has sold or otherwise disposed of the greater part of its business or assets.

(6) The commission retains jurisdiction over disputes pertaining to the parties’ respective rights and obligations with regard to future medical treatment whenever a final award or settlement in the case leaves the issue of future medical treatment “open” or otherwise indeterminate. See State ex rel. ISP Minerals, Inc. v. Labor & Indus. Rels. Comm’n, 465 S.W.3d 471 (Mo. 2015). The commission will only consider issues falling within its statutory authority, such as whether a disputed treatment is reasonably required to cure and relieve the effects of the work injury for purposes of section 287.140, RSMo, and will not entertain requests to “compel” or “enforce” any award or settlement, because such powers are reserved to the judiciary.

(A) Upon receipt of a motion identifying a dispute pertaining to future medical treatment, the commission will allow opposing parties to respond within twenty (20) days from the date of the commission’s correspondence acknowledging the motion; provided, however, that the commission, in its discretion, may extend or accelerate the period for filing such a response. If the commission determines that there is a presently justiciable dispute between the parties over which the commission would have jurisdiction, and that the movant has alleged a prima facie claim for relief of a type that the commission would be authorized to provide, the commission will remand the matter to the division of workers’ compensation for a hearing to take evidence on the parties’ allegations set forth in the motion and responsive pleadings, if any. Otherwise, the commission may dismiss the motion.

(B) Parties will be entitled to reasonable discovery in advance of the hearing. Any disputes pertaining to discovery should be brought to the commission’s attention for a ruling. The administrative law judge will hold in abeyance any action in connection with the commission’s order of remand until the discovery dispute is resolved. The administrative law judge will hear and rule upon all evidentiary objections made at the hearing, and will allow the proponent to make an offer of proof where evidence is ruled inadmissible.

At the close of the hearing, the division will return the file to the commission for a determination of the disputed issues.

(9/30/19) JOHN R. ASHCROFT

(C) Mediation may be pursued at the discretion of the administrative law judge assigned to the matter. If such mediation is successful, the administrative law judge may sign, if the parties so request, an informal memorandum of understanding outlining and memorializing the parties’ agreement, which should be executed by all parties and/or their attorneys; provided, however, if the parties desire approval of a formal settlement agreement resolving the disputed issue of future medical treatment, such should be forwarded to the commission for approval pursuant to

section 287.390, RSMo. Any formal settlement agreement should be submitted to the commission in accordance with the guidelines for compromise settlements set forth in these rules.

(D) If, at any time, the dispute becomes moot, the parties are directed to advise the commission, and also the division in the event proceedings are pending in connection with an order of remand from the commission, that no further action is necessary in connection with the motion, whereupon the commission will dismiss the motion.

(E) Where the parties’ dispute pertains to future medical treatment which is alleged to be imminently necessary to prevent harm to the health or well-being of the employee, the commission will entertain a request to hear the dispute on an expedited or hardship basis.

Such request should include a written opinion from a medical professional explaining why the requested medical treatment is imminently necessary to prevent harm. Where the commission grants such expedited review, the commission may issue an order resolving the dispute based on its own review of the documentary evidence submitted by the parties, without the formality of ordering an evidentiary proceeding before the division. To be considered, such documentary evidence should be certified or otherwise sworn to be authentic via affidavit.

(F) All parties to awards or settlements are hereby advised that the commission generally disfavors the practice of ordering further proceedings in open future medical cases except where strictly necessary; and that the process set forth in this rule does not constitute an invitation or opportunity to relitigate issues in the case that were previously adjudicated or stipulated. Accordingly, if the record before the commission reveals that any party has failed, without reasonable ground, to fully and faithfully comply with its obligations under the law pursuant to an award or settlement previously entered in the case, the commission may assess an award of costs and attorney’s fees against said party, pursuant to

section 287.560, RSMo. All parties are thus strongly encouraged to resolve their disputes without recourse to the commission except in those extraordinary cases where intervention by an impartial, fact-finding tribunal is necessary. effective Dec. 28, 1975. Amended: Filed July 11, 1991, effective Dec. 9, 1991. Amended:

Filed Sept. 30, 1992, effective April 8, 1993.

Rule action notice invalidating subsection (2)(C) March 12, 1996. Rule action notice validating subsection (2)(C) Aug. 28, 1998.

Amended: Filed April 11, 2019, effective Oct. 30, 2019.

Farm v. Barlow Truck Lines Inc., 979 SW2d 169 (Mo. banc 1998)

State ex rel. Doe Run Company v. Brown, 918 SW 2d 303 (Mo App. 1996). An administrative law judge set aside a dismissal of a claim for workers’ compensation. The claim had been dismissed for the failure to prosecute. A regulation promulgated by the Labor and Industrial Relation Commission, 8 CSR 20-3.010(2)(C), implied that an administrative law judge had authority to change or modify any final award within twenty days.

Twenty days is the period of time in which to file an application for review with the Labor and Industrial Relations Commission. The Doe Run Company (employer) filed a petition for writ of prohibition of mandamus in circuit court, challenging the administrative law judge’s authority to set aside the dismissal of the claim for compensation. A permanent order in prohibition was denied by the circuit court and the employer sought review in the appellate court.

The Missouri Court of Appeals, Eastern District, said that section 287.610.2, RSMo (1994), provides an administrative law judge with no jurisdiction to review or authority to reopen any prior award. Another statute, section 287.655, RSMo (1994), provides that an order of dismissal for lack of prosecution is an award, subject to review the same as any other award. The appellate court held that the proper avenue for review of an order of dismissal for failure to prosecute is by filing an application for review with the Labor and Industrial Relations Commission within twenty days of the date of the dismissal. Section 287.480, RSMo (1994). The administrative law judge was without jurisdiction to reinstate the employee’s compensation claim against the employer. To the extent that 8 CSR 20-3.010(2)(C) is interpreted as granting an administrative law judge with authority to reinstate a dismissed workers’ compensation claim within twenty days of a dismissal order, the rule conflicts with section 287.610.2, RSMo (1994), and is invalid.

Cowick v. Gibbs Beauty Supplies, 430 SW2d 626 (Mo. App. 1968). Court of Appeals limited in review of award of Industrial Commission concerning workers’ compensation claim to a determination of whether the award was supported by competent and substantial evidence and whether an award could have reasonably been made upon a consideration of all of the evidence. The commission is the sole judge of the credibility of witnesses and the weight to be given to their testimony.

Collins v. Eicher Heating Company, 319 SW2d 666 (Mo. App. 1959). Application for review by the full Industrial Commission filed by insurer and employer on form prepared by and furnished by the Industrial Commission and setting forth specific findings of administrative law judge appealed from, a request for permission to argue the case orally before the full commission because of conflicting medical evaluation of record, requesting the commission to appoint a qualified impartial physician to examine the employer and report his/her findings, court held to be in substantial compliance with the rules of the commission concerning applications for review; and therefore commission had jurisdiction to review the findings and award of the administrative law judge.

Hogue v. Wurdack, 298 SW2d 492 (Mo.

App. 1957). Industrial Commission is a creature of the legislature, and its jurisdiction and the question of what persons are subject to it is to be determined from the act of legislature. Commission’s jurisdiction cannot be dependent on or enlarged by estoppel, waiver, conduct or agreement.

E.B. Jones Motor Company v. Industrial Commission, Division of Employment Security, 298 SW2d 411 (1957). Industrial Commission of Missouri is an entity subject to being sued in its official name; however, it is not a “state officer” within the meaning of the constitutional provision, Art. V, Section 3, Constitution of Missouri; thus, Supreme Court did not have jurisdiction of an appeal from decision of the commission, because of the absence of a “state officer” as a party.

Employment Security Law is not a revenue law.

8 CSR 20-3.020 Motions to Review Awards —Change in Condition {#sec-8-csr-20-3.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-3.020}

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.

8 CSR 20-3.030 Review of Awards or Orders Issued by Administrative Law Judges {#sec-8-csr-20-3.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-3.030}

PURPOSE: This rule outlines procedures for appeals from a final award, order, or decision made by an administrative law judge of the Division of Workers’ Compensation.

(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.

(B) The commission shall consider the motion to submit additional evidence and any answer of opposing parties without oral argument of the parties and enter an order either granting or denying the motion. If the motion is granted, the opposing party(ies) shall be permitted to present rebuttal evidence. As a matter of policy, the commission is opposed to the submission of additional evidence except where it furthers the interests of justice. Therefore, all available evidence shall be introduced at the hearing before the administrative law judge.

(3) Applications.

(A) An application for review of any final award, order, or decision of the administrative law judge shall state specifically the reason the applicant believes the findings and conclusions of the administrative law judge on the controlling issues are not properly supported. It shall not be sufficient merely to state that the decision of the administrative law judge on any particular issue is not supported by competent and substantial evidence. The allegations of error in an application for review are not an opportunity for early briefing, but rather serve to notify the commission and opposing parties of the nature of the issues that will be addressed on appeal. Accordingly, an application for review should not extend beyond a maximum of five (5) pages. The commission may decline to consider any portion of an application for review that extends beyond this page limitation.

(4) Answers.

(A) An opposing party (known as the respondent) may file an answer to the petitioner’s application for review, concisely addressing each of the contentions set forth in the application. The answer should not extend beyond a maximum of five (5) pages.

The commission may decline to consider any portion of an answer that extends beyond this page limitation. The answer(s) shall be filed within ten (10) days from the date of the commission secretary’s correspondence acknowledging the filing of the application for review.

The commission shall have discretion to extend the time for filing an answer.

(5) Briefs.

(A) If the petitioner desires to file a brief or memorandum of law in support of the application, the petitioner shall so indicate in the application for review. When briefing is requested, the commission secretary will provide, via written correspondence to all parties, a briefing schedule after the transcript is prepared by the division of workers’ compensation. Unless a modified briefing schedule is ordered by the commission, the petitioner’s brief will be due thirty (30) days from the date of the commission secretary’s correspondence establishing the briefing schedule, and respondent briefs or memoranda of law will be due within fifteen (15) days after the date of the commission secretary’s letter acknowledging the commission’s receipt of the petitioner’s brief or memorandum of law. A reply brief is not required or suggested, but if the petitioner believes it is necessary to file a reply, it must be filed within ten (10) days of receipt of the respondent’s brief. The commission shall have discretion, after notice to the parties, to extend or accelerate the briefing schedule.

(B) If the petitioner does not include a request for a briefing schedule in the application for review and the respondent desires to file a brief or memorandum of law, that request shall be included in the answer. If the petitioner has requested a briefing schedule, but fails to file a timely brief after that, the respondent may file a brief or memorandum of law within fifteen (15) days from the date the petitioner’s brief was due.

(C) Briefs filed in any case pending before the commission shall be typewritten and subject to the following requirements:

(7/31/22) JOHN R. ASHCROFT

1. If submitted physically— A. Be on paper of size eight and onehalf inches by eleven inches (8 1/2" × 11"); and B. Be typed on one (1) side of the paper; and 2. All briefs submitted physically, by facsimile transmission, or by electronic means as set forth on the commission’s website shall— A. Have a left, right, bottom, and top margin of not less than one inch (1"). Page numbers may appear in the bottom margin, but no other text may appear in the margins;

B. Have all pages consecutively numbered;

C. Use characters throughout the briefs that are not smaller than thirteen (13) font, Times New Roman on Microsoft Word, except footnotes may be as small as ten (10) font; and D. Be double-spaced, except for footnotes, block quotes greater than fifty (50) words, the cover, if any, and certificate of service and signature block.

(D)

The brief of the petitioner shall not exceed thirty (30) pages. A respondent’s brief shall not exceed twenty-five (25) pages. A reply brief shall not exceed eight (8) pages.

A cover sheet or index to any brief need not be counted in the page limitation, but any attachments, exhibits, or appendices to any brief will be considered as pages of the brief and subject to the page limitation for the entire brief. (Parties should note that the commis sion file contains the award and decision of the administrative law judge along with a complete transcript of the record. It is unnecessary to attach any of these materials to any brief. Any other attachment would not be of record and not subject to consideration, which is limited to the record or transcript of the hearing.)

(E) The petitioner’s brief shall contain a fair and concise statement of facts without argument, with citations to the pertinent pages of the transcript supporting each factual assertion. The respondent’s brief may supplement the statement of facts if necessary. No jurisdictional statement is necessary unless jurisdiction is at issue. (Parties are advised that recitations of basic legal principles of workers’ compensation law are not necessary and are discouraged.) The briefs shall identify the issues in dispute and address those issues only, state concisely the factual or legal support for the party’s positions, and contain a conclusion in detail as to the decision, award, or action requested from the commission. Upon its own motion, or upon motion by any interested party, the commission may, in its discretion, decline to consider any brief or any portion of a brief that is not filed in accordance with these rules or where it appears the party has engaged in any dilatory practice or other conduct prejudicial to the efficient and timely adjudication of the appeal.

(F) Extraordinary Briefing Requests.

1. Parties requesting an extension of time to file a brief, an extension of page length, or any other extraordinary request pertaining to briefing, may make such request to the commission in writing prior to the last date for filing their brief, such request to include the following:

A. The number of additional days, pages, or other specific relief requested;

B. A certification that a copy of the request has been served to all opposing parties upon the same date and time, and via the same means, that such request is sent to the commission;

C. An indication whether the requesting party has conferred with opposing parties regarding the request, and if not, why not;

D. An indication whether opposing parties have registered any objection to the request; and E. The specific facts or circumstances motivating the request.

2. The commission may decline to consider a party’s request for an extension of time to file a brief, an extension of page length, or any other extraordinary request pertaining to briefing where the party’s request fails to comply with the foregoing or where it appears the party has engaged in any dilatory practice, or other conduct prejudicial to the efficient and timely adjudication of the appeal.

(6) Oral Argument. Oral argument may be granted by the commission; provided, the request to present oral argument is made in the application for review or in the answer and includes the reason the argument cannot be made adequately by brief. Untimely requests for leave to present oral argument shall not be entertained nor will any request to present oral argument in lieu of a brief be allowed.

(7) Hardship Setting. If the claimant for workers’ compensation requests a hardship setting before the commission, an accelerated briefing schedule may be set and oral argument may be denied. The request for a hardship setting shall be made in the application for review, in an answer to the application or in a separate motion to the commission and shall set forth the reason expedited review is necessary. The commission shall have discretion to designate a cause as a hardship case. effective Dec. 28, 1975. Amended: Filed Dec. 31, 1975, effective Jan. 10, 1976. Amended:

Filed March 16, 1992, effective Sept. 6, 1992. Amended: Filed Nov. 17, 1998, effective April 30, 1999. Amended: Filed Jan. 15, 2003, effective Aug. 30, 2003. Amended:

Filed April 11, 2019, effective Oct. 30, 2019.

Amended: Filed Feb. 10, 2022, effective Aug. 30, 2022.

8 CSR 20-3.040 Temporary or Partial Awards {#sec-8-csr-20-3.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-3.040}

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.

8 CSR 20-3.050 Consolidation of Claims {#sec-8-csr-20-3.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-3.050}

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.

8 CSR 20-3.060 Policy of the Commission {#sec-8-csr-20-3.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-3.060}

PURPOSE: This rule states the policy of the commission on continuances of hearing, attorney fees, and agreements or contracts for settlements.

(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.

(3) Compromise Settlements. All agreements or contracts for settlement that provide for the payment of less than the full amount of compensation due or to become due, and which undertake to release the employer from all further liability, will be approved by the commission only where it appears that a reasonable doubt exists as to liability and as to the rights of parties, and where the terms of the agreement are consistent with the requirements of section 287.390, RSMo.

(4) Every compromise agreement or contract for settlement, submitted to the commission should be accompanied by— (A) A statement or stipulation agreed to by the parties which would contain the facts upon which they are in agreement;

(B) The claims, facts or findings, or both, which are in dispute between the parties;

(C) The latest medical records or reports in the possession of the parties bearing on the case;

(D) A written statement showing whether or not the employee has returned to work and, if so, when;

(E) A separate statement signed by the employee, or dependents in death cases, in which the employee would state under oath that s/he understands that by agreeing to the settlement that s/he understands that s/he has a right to prosecute his/her claim before the commission to a final determination; and that the award of the commission might allow him/her more or less money than is provided by the proposed settlement and that s/he requests the commission to approve the settlement;

(F) An identification of the amount of compensation previously paid, weekly rate of compensation, and the amount of medical aid that has been provided; and (G) Signatures by the parties and their attorneys, or, in the case of a minor claimant, signature(s) from the minor’s parent(s) or legal guardian(s), together with a statement as to the agreed-upon attorney fee, if any, that is requested in favor of the attorney for the employee, claimant, or dependent. effective Dec. 28, 1975. Amended: Filed April 11, 2019, effective Oct. 30, 2019.

8 CSR 20-3.070 Posting of Bonds {#sec-8-csr-20-3.070 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-3.070}

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.

(7/31/22) JOHN R. ASHCROFT

History

• AUTHORITY: section 286.060, RSMo Supp. 1997. Original rule filed Sept. 15, 1998, effective March 30, 1999. 1947, 1980, 1995.

Chapter 4 Rules Relating to Employment Security Appeals

8 CSR 20-4.010 Review—Applications {#sec-8-csr-20-4.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-4.010}

PURPOSE: This rule sets out procedures for filing an application to review decision of the appeals tribunal of Division of Employment Security and the commission’s policy on oral argument, briefs, and taking of additional evidence.

(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.

(2) Upon receipt of the application, an acknowledgment of receipt and a copy of the application will be sent to the last known address of each interested party to the decision.

(3) An interested party means— (A) The claimant, if any;

(B) Any employer or employing unit that has filed a timely protest in accordance with

section 288.070, RSMo;

(C) Any employer or employing unit having a legal interest in any determination made under section 288.130, RSMo;

(D) Any person, employer, or employing unit having a legal interest in any assessment made under section 288.160, RSMo; or (E) The Division of Employment Security.

(4) Briefs and Oral Argument. The party filing an application for review (or “petitioner”) may request, in the application, to file a brief. The commission may, in its discretion, allow or deny briefing in the case. If briefing is allowed, the commission secretary will provide, via written correspondence to all parties, a briefing schedule. Unless a modified briefing schedule is ordered by the commission, the petitioner’s brief will be due fifteen (15) days from the date of the commission secretary’s correspondence establishing the briefing schedule. Respondent briefs or memoranda of law will be due within ten (10) days after the date of the commission secretary’s correspondence acknowledging the commission’s receipt of the petitioner’s brief or memorandum of law. Because of the federal regulations requiring prompt decisionmaking by the commission, requests to extend the briefing schedule in employment security matters are generally disfavored, and will only be granted in extraordinary circumstances.

(A) All briefs are subject to the following requirements:

1. Be on paper of size eight and one-half inches by eleven inches (8 1/2" x 11");

2. Be typed on one (1) side of the paper;

3. Have a left, right, bottom, and top margin of not less than one inch (1"). Page numbers may appear in the bottom margin, but no other text may appear in the margins;

4. Have all pages consecutively numbered;

5. Use characters throughout the briefs, including footnotes that are not smaller than thirteen- (13-) point font, Times New Roman;

6. Be double-spaced; provided, however, that the cover, if any, certificate of service, and signature block may all be single-spaced; and 7. Contain a certificate of service verifying that a copy has been sent to the opposing party.

(B) The petitioner’s brief shall not exceed thirty (30) pages. A respondent’s brief shall not exceed twenty-five (25) pages. Upon its own motion, or upon motion by any interested party, the commission may, in its discretion, strike any brief or portion of a brief that is not filed in accordance with these rules.

(C) The brief of the petitioner should contain a fair and concise statement of facts without argument. The respondent’s brief may supplement the statement of facts if necessary. The briefs should identify the issues in dispute and address those issues only, state concisely the factual or legal support for the party’s positions, and contain a conclusion in detail as to the decision, award, or action requested from the commission.

(D) Oral argument may be ordered by the commission upon its own motion or upon a request set forth in an application for review or response, if any. Untimely requests for leave to present oral argument will not be entertained, nor will any request to present oral argument in lieu of a brief be allowed.

(5) Additional Evidence.

(A) After an application for review has been filed with the commission, any interested party may request permission to submit additional evidence. The commission will not consider additional evidence unless the evidence is newly discovered, or the need for the evidence could not have been reasonably anticipated before the hearing, or the evidence could not with reasonable diligence have been produced at the hearing before the appeals tribunal. The request to submit additional evidence should set out specifically and in detail— 1. The nature and substance of the newly discovered evidence;

2. Names of witnesses to be produced; and 3. Nature of the exhibits to be introduced.

(B) Before accepting additional evidence into the record, the commission will send written notice to all interested parties advising them of the request and allowing an opportunity to submit to the commission, within fifteen (15) days, written objection to the request to submit additional evidence. If a timely objection is received, the commission may issue an order allowing or denying the request to submit additional evidence, or may order that the appeals tribunal hold a hearing to permit all interested parties an opportunity for cross-examination and/or the presentation of rebuttal evidence. If no objections are received within fifteen (15) days of the commission’s notice of the request to submit additional evidence, the commission may accept the additional evidence into the record without further notice to the parties. The commission is opposed, as a matter of policy, to the introduction of additional evidence except when it considers this action necessary for the furtherance of justice. Therefore, all available evidence should be introduced at the hearing before the appeals tribunal.

(6) An application for review filed more than thirty (30) days from the date of notification or mailing by the division is untimely. The commission does not have statutory authority to accept untimely applications for review.

However, if the application for review alleges either that the party filed an earlier, timely application for review that was not properly acknowledged, or that the party was deprived due notice of the decision of the appeals tribunal, the commission may remand the matter for a hearing before the appeals tribunal for the purpose of taking evidence to determine whether the commission may take jurisdiction of the appeal.

rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended: Filed July 6, 1987, effective Oct. 11, 1987. Amended: Filed Aug. 31, 1989, effective Nov. 26, 1989. Amended:

Filed Dec. 4, 1991, effective May 14, 1992.

Amended: Filed Sept. 24, 1992, effective April 8, 1993. Emergency amendment filed July 25, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Amended: Filed July 25, 1996, effective Jan. 30, 1997. Amended:

Filed Nov. 26, 1997, effective May 30, 1998.

Amended: Filed April 11, 2019, effective Oct. 30, 2019. *Original authority: 286.060, RSMo 1945, amended 1947, 1980, 1995, 2011; 288.200, RSMo 1951, amended 1984, 1992, 1996; and 288.230, RSMo 1951.

(9/30/19) JOHN R. ASHCROFT

INDUSTRIAL RELATIONS

History

• AUTHORITY: sections 286.060, 288.200, and 288.230, RSMo 2016. This version of

Chapter 5 Rules Relating to Objections to Wage Orders, Including Prevailing Wage Determinations and Occupational Title of Work Descriptions

8 CSR 20-5.010 Objections and Hearing {#sec-8-csr-20-5.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-5.010}

PURPOSE: This rule specifies procedures for filing objections to wage orders, including prevailing wage determinations and occupational title of work descriptions, and hearings on objections by the commission.

(1) Objections. Within thirty (30) days after the certified copy of a wage order has been filed with the secretary of state and the commission, any person who may be affected by the wage order may object, in writing, to the wage order, or any part thereof that the party considers objectionable by filing an objection with the commission. The objector shall set forth in writing, the specific grounds of objection and not merely a conclusion that the wage rate is too high or too low, but shall set out in detail how the objector reaches the conclusion that the rate is either too high or too low. If the objection is premised, in whole or in part, upon hours that were not previously reported to the Division of Labor Standards on or before January 31 of the year in which the objection is filed, the commission will consider the objection only if the objector is able to allege and prove a good cause why the hours were not previously reported to the Division of Labor Standards.

If the objector fails to identify and allege such good cause in the written objection, the objection may be dismissed by the commission without a hearing. For purposes of this

rule, “good cause” shall mean those circumstances in which the objector acted in good faith and reasonably under all the circumstances. At the time of filing the objection, a copy shall be furnished to the Division of Labor Standards. Within thirty (30) days of the receipt of the objection, the commission shall set a date for a hearing on the objection.

The day for the hearing shall be within sixty (60) days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors, proponents, and other interested parties at least ten (10) days prior to the date set for the hearing.

(2) Hearings, generally.

(A) Hearings held by the commission under the Prevailing Wage Law shall be held by the commission, any commissioner or a representative designated by the commission.

If the hearing is conducted by one (1) of the commissioners or by a designated representative, a recommended order will be prepared by such commissioner or designated representative and such order will be subject to the approval of a majority of the commission qualified to review the recommended order.

(B) At the hearing, any party may be represented by an attorney-at-law. Only an attorney, licensed to practice in Missouri, may appear in a representative capacity. A person whose conduct is detrimental to the proper and orderly conduct of the hearings may be excluded from the hearing room by the commission or designated representative. The commission or its designated representative may examine any party or witness.

(C) In order for the commission to make its determination(s) within the statutory time periods for disposing of objections, a request to postpone or continue a prehearing conference or hearing will not be granted unless the commission determines that extraordinary circumstances are present and that the interests of justice require such a remedy. Alternatively, on its own motion, the commission may adjourn, postpone, or continue any hearing from time-to-time or place-to-place at its discretion.

(3) Prehearing Conference.

(A) Before any hearing, the commission, at its discretion, may direct the parties or their attorneys to appear before it for a prehearing conference to consider— 1. The simplification of the issues;

2. The possibility of obtaining admissions of fact and documents which will avoid unnecessary proof;

3. The limitation of the number of witnesses; and 4. Such other matters as may aid in the disposition of the hearing.

(B) Immediately upon receipt of notice from the commission setting a date for the prehearing conference, all parties to an objection, including the Division of Labor Standards, shall arrange for an exchange of the following:

1. Copies of all exhibits the parties plan to offer into evidence at the hearing before the commission, which shall be certified as authentic via affidavit;

2. The sworn, direct testimony of all witnesses the parties plan to call at the hearing before the commission, to be provided in the form of a written affidavit, which may be in question and answer format, and which testimony shall be subject to cross-examination at a hearing before the commission;

3. For the Division of Labor Standards, the wage surveys, investigatory records, economic data, and all other materials or information considered in the course of preparing and issuing the wage order determination(s) at issue; and 4. All other materials the parties plan to offer as evidence at the hearing before the commission.

(C) The exchange of such materials shall be concluded at least seven (7) days before the date set for the prehearing conference.

Failure on the part of any party to comply may be grounds for exclusion from evidence of all withheld materials.

(D) At the prehearing conference, the parties shall identify and file with the commission all evidence upon which they plan to rely at the hearing. If any party identifies, at the prehearing conference, evidence that was not previously provided to opposing parties as required by this rule, the evidence will not be entered into the record at the hearing unless the proponent is able to demonstrate that the evidence is newly discovered or could not, with the exercise of reasonable diligence, have been earlier identified and provided to opposing parties. The commission is opposed, as a matter of policy, to the introduction of any new evidence not previously identified and exchanged between the parties in advance of the prehearing conference.

(E) The commission favors, wherever possible, ruling upon the substantive merits of the dispute rather than issues of procedural formality or the technical rules of evidence.

Accordingly, any objection to evidence identified and filed with the commission at the prehearing conference shall be made at the prehearing conference in order to permit opposing parties an opportunity to cure, in advance of the hearing, any technical deficiencies in the evidence. For purposes of this

rule, “technical deficiency” refers to any complaint a party might raise concerning the form in which evidence is offered. If, in the discretion of the commission, offered evidence is material to any of the substantive issues involved in the parties’ dispute, it shall not be rejected solely because of some deficiency in the form in which the evidence is offered.

(F) The commission, or its designated representative, shall prepare an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered. The order will limit the issues for the hearing to those not disposed of by admissions or agreements of counsel.

Such order, when entered, controls the subsequent course of the hearing, unless modified thereafter to prevent manifest injustice.

Prevailing Wage Determinations and Occupational Title of Work Descriptions8 CSR 20-5 (1/30/20) JOHN R. ASHCROFT INDUSTRIAL RELATIONS (G) If the parties determine that they are able to resolve their dispute in advance of the hearing, the parties shall file with the commission a joint stipulation that resolves each of the issues raised in the objection, and attach all relevant replacement pages making the agreed changes to the annual wage order prepared by the Division of Labor Standards.

Alternatively, if the parties are able to agree that no such change to the annual wage order should be made, the objector shall file a request to withdraw the objection.

(4) Procedures for the hearing.

(A) At the outset of the hearing, the commission will identify all evidence filed at the prehearing conference. If any objection(s) were raised at the prehearing conference to the entry of said evidence into the record of hearing, the parties shall be permitted a chance to argue said objection(s), and the commission will either rule upon said objection(s) at the hearing, or take the issue under advisement. If no objections were raised at the prehearing conference, the evidence filed at the prehearing conference shall be entered into the record of the hearing by the commission, with the understanding that all direct testimony from witnesses shall be subject to cross-examination.

(B) Thereafter, the following procedure will be followed:

1. Witnesses, if any, on behalf of the Division of Labor Standards shall testify;

2. Witnesses, if any, on behalf of the objector shall testify;

3. Witnesses, if any, on behalf of any other interested party shall testify; and 4. Other than any new testimony provided by the witnesses upon cross-examination or redirect examination, no evidence, other than the testimony and documents filed at the prehearing conference, will be allowed at the hearing, unless the commission determines that the interests of justice so require.

(C) The commission shall determine what evidence is material to the issue(s). The order or procedures set forth in section (4) shall be followed unless, in the interest of conducting a fair hearing, the commission determines otherwise.

(5) Record of Proceedings. The commission may cause such proceedings before it to be suitably recorded as it considers necessary and expedient, the cost of which shall be borne by the commission. Any party desiring a copy of the transcript shall purchase its own copy from the reporter who transcribed the proceedings.

(6) Motions to Amend.

(A) In order to preserve the commission’s ability to provide due process to those interested parties who may have already completed their review of the initial annual wage order, if the Division of Labor Standards determines that it is necessary to file with the commission a motion to amend an annual wage order for the purpose of correcting any typographical or clerical errors set forth therein, said motion shall be filed with the commission at least seven (7) days prior to the thirtieth (30th) day following the date on which the Division of Labor Standards filed its annual wage order with the secretary of state. Failure to comply may result in denial of the motion to amend.

(B) Upon receipt of a motion to amend from the Division of Labor Standards, the commission will wait a minimum of ten (10) days before ruling upon said motion, to permit interested parties a chance to respond.

(C) The motion to amend shall contain, in the body of the motion, an identification of every locality and occupational title affected by the changes requested by the motion, and shall specifically identify and explain the nature of the asserted typographical or clerical error prompting the motion to amend, and how the asserted typographical or clerical error was discovered.

Amended: Filed Jan. 30, 1997, effective Sept. 30, 1997. Amended: Filed Aug. 15, 2019, effective Feb. 29, 2020. *Original authority: 286.060, RSMo 1945, amended 1947, 1980, 1995, 2011.

History

• AUTHORITY: section 286.060, RSMo 2016. This version of rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended: Filed Sept. 22, 1995, effective Feb. 25, 1996.

Chapter 6 Rules Relating to Equal Pay for Female Employees

8 CSR 20-6.010 Complaints and Mediation {#sec-8-csr-20-6.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-6.010}

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.

This version of rule filed Dec. 18, 1975, effective Dec. 28, 1975. *Original authority: 286.060, RSMo 1945, amended 1947, 1980 and 1995.

MATTBLUNT(10/31/01)

History

• AUTHORITY: section 286.060, RSMo 1986.

Chapter 7 Crime Victim Appeals

8 CSR 20-7.010 Review of Decisions Issued by the Division of Workers’ Compensation LABOR AND INDUSTRIAL RELATIONS Relations Commission {#sec-8-csr-20-7.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-7.010}

8 CSR 20-7.010 Review of Decisions Issued by the Division of Workers’ Compensation in Crime Victims’ Compensation Cases {#sec-8-csr-20-7.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-7.010}

(Rescinded October 30, 2021)

Original rule filed Aug. 9, 1993, effective Jan. 13, 1994. Rescinded: Filed Feb. 26, 2021, effective Oct. 30, 2021.

History

• AUTHORITY: section 286.050, RSMo 1986.

Chapter 8 Tort Victims Appeals

8 CSR 20-8.010 Review of Decisions Issued by the Division of Workers’ Compensation in LABOR AND INDUSTRIAL RELATIONS Relations Commission {#sec-8-csr-20-8.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-8.010}

8 CSR 20-8.010 Review of Decisions Issued by the Division of Workers’ Compensation in Tort Victims’ Compensation Cases {#sec-8-csr-20-8.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 20-8.010}

PURPOSE: This rule outlines procedures for appeals from a decision made by the Division of Workers’ Compensation in tort victims’ compensation cases.

(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.

(B) The commission shall consider the motion to submit additional evidence and any response of the opposing party without oral argument by the parties and enter an order either granting or denying the motion. If the motion is granted, the opposing party shall be permitted to present rebuttal evidence. As a matter of policy, the commission is opposed to the submission of additional evidence except when it furthers the interests of justice. Therefore, all available evidence shall be introduced at the hearing before the administrative law judge.

(3) Petitions and Briefs.

(A) A petitioner shall state specifically in the petition the reason the petitioner believes the decision of the Division of Workers’ Compensation on the controlling issues is not properly supported. It shall not be sufficient merely to state that the decision of the Division of Workers’ Compensation on any particular issue is not supported by the competent and substantial evidence.

(B) If the petitioner desires to file a brief in support of the petition, the request to file a brief shall be stated in the petition. When briefing is requested, the commission secretary will provide, via written correspondence to all parties, a briefing schedule after the transcript is prepared by the Division of Workers’ Compensation. Unless a modified briefing schedule is ordered by the commission, the petitioner’s brief will be due thirty (30) days from the date of the commission secretary’s correspondence, and respondent briefs will be due fifteen (15) days from the date of the commission secretary’s letter acknowledging the commission’s receipt of the petitioner’s brief. The commission shall have discretion, after notice to the parties, to extend or accelerate the briefing schedule.

(4) Answers and Briefs.

(A) The opposing party (known as the respondent) may file an answer to the petition concisely addressing each of the contentions set forth in the petition. The answer shall be filed within ten (10) days from the date of the commission’s correspondence acknowledging the filing of the petition. The commission shall have discretion to extend the time for filing an answer.

(B) If the petitioner does not include a request to file briefs in the petition and the respondent desires to file a brief, that request shall be included in the answer. If the petitioner requested a briefing schedule, but failed to timely file a brief, the respondent may file a brief within fifteen (15) days after the date that the petitioner’s brief was due.

(5) Briefs—Typewritten. Briefs filed in any case pending before the commission shall be typewritten. The original shall be filed with the commission and a copy served upon the opposing party.

(6) Oral Argument. Oral argument may be ordered by the commission upon its own motion or upon a request set forth in a petition for review or answer. Untimely requests for leave to present oral argument shall not be entertained nor will any request to present oral argument in lieu of a brief be allowed.

History

• AUTHORITY: section 286.060, RSMo 2016. Original rule filed Jan. 25, 2002, effective July 30, 2002. Amended: Filed April 11, 2019, effective Oct. 30, 2019. Original authority: 286.060, RSMo 1945, amended 1947, 1980, 1995, 2011.

Division 30 Division of Labor Standards

Chapter 1 Organization

8 CSR 30-1.010 Organization of the Division of Labor Standards {#sec-8-csr-30-1.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-1.010}

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, RSMo—Power of Director to Deputize Agents;

(B) Sections 290.010–290.340, RSMo and 290.500–290.580, RSMo—Wages, Hours and Dismissal Rights, Prevailing Wages on Public Works, Minimum Wage, and Public Works During Excessive Unemployment;

(C) Sections 291.010–291.150, RSMo— Industrial Inspection;

(D) Sections 292.010–292.570, RSMo— Health and Safety of Employees;

(E) Sections 293.010–293.690, RSMo— Mine and Cave Regulations; and (F) Sections 294.005–294.150, RSMo— Child Labor.

rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended: Filed Oct. 8, 2003, effective April 30, 2004. Amended: Filed June 19, 2018, effective Jan. 30, 2019.

History

• AUTHORITY: Omnibus State Reorganization Act of 1974, section 8, paragraph 5. Original

Chapter 2 Mining Rules

8 CSR 30-2.010 Definitions {#sec-8-csr-30-2.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-2.010}

PURPOSE: This rule defines those terms used by the inspection

section, Division of Labor Standards in the rules establishing standards for safe practices in the mining industry.

(1) Active workings means any place in any mine where miners normally work or travel.

(2) ANFO means ammonium nitrate-fuel oil mixtures.

(3) Approved means tested and accepted for a specific purpose by a nationally recognized safety agency.

(4) Barricaded means obstructed to restrict the passage of persons, vehicles, or flying materials.

(5) Berm means a pile or mound of material capable of restraining a vehicle; also a shelf, ledge, or material placed to contain loose slope material.

(6) Blasting agent means a cap insensitive chemical composition or mixture consisting of fuel and oxidizer and no explosive ingredient but which can be made to detonate when initiated with a high strength explosive primer.

(7) Blasting area means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury.

(8) Blasting cap means a detonator containing a charge of detonating compound, which is ignited by electric current or the spark of a fuse; used for detonating explosives.

(9) Blasting circuit means electric circuits used to fire electric detonators or to ignite an igniter cord by means of an electric starter.

(10) Blasting switch means a switch used to connect a power source to a blasting circuit.

(11) Box-type magazine means a small, portable magazine used to store limited quantities of explosives or detonators for short periods of time in locations at the mine which are convenient to the blasting sites at which they will be used.

(12) Capped fuse means a length of safety fuse to which a detonator has been attached.

(13) Capped primer means a package or cartridge of explosives which is specifically designed to transmit detonation to other explosives and which contains a detonator.

(14) Combustible means capable of being ignited and consumed by fire.

(15) Director means director of the Division of Labor Standards.

(16) Company official means a member of the company supervisory or technical staff.

(17) Competent person means a person having abilities that fully qualify him/her to perform the duty to which s/he is assigned.

(18) Department means Department of Labor and Industrial Relations.

(19) Detonating cord or detonating fuse means a flexible cord containing a core of high explosive.

(20) Detonator means a device containing a small detonating charge that is used for detonating an explosive, including, but not limited to, blasting caps, exploders, electric detonators, and delay electric blasting caps.

(21) Distribution box means a portable apparatus with an enclosure through which an electric circuit is carried to one (1) or more cables from a single incoming feedline; each cable circuit being connected through individual overcurrent protective devices.

(22) Electric blasting cap means a blasting cap designed for and capable of being ignited by means of an electric current.

(23) Electric grounding means to connect with the ground to make the earth part of the circuit.

(24) Employee means a person who works for wages or salary in the service of an employer.

(25) Employer means a person or organization employing one (1) or more persons to work for wages or salary.

(26) Explosives means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. Explosives include, but are not limited to, black powder, dynamite, nitroglycerin, fulminate, and ammonium nitrate when mixed with a hydrocarbon plus high explosive ingredients.

(27) Face-to-wall means that part of any mine where excavating is progressing or was last done.

(28) Flammable means capable of being easily ignited and of burning rapidly as defined by the National Fire Protection Association.

(29) Highway means any public road or travelway used by the general public.

(30) Igniter cord means a fuse, cordlike in appearance, which burns progressively along its length with an external flame at the zone of burning and is used for lighting a series of safety fuses in the desired sequence.

(31) Inhabited building means a building regularly occupied in whole or in part as a habitation for human beings or any church, schoolhouse, railroad station, store, factory, or other structure where people are accustomed to assemble except any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives.

(32) Low voltage means electric potential up to and including 660 volts, medium voltage means voltages from 661 to 1000 volts, and high voltage means more than 1000 volts.

(33) Magazine means a storage place for explosives or detonators.

(34) Major electrical installation means an assemblage of stationary electrical equipment for the generation, transmission, distribution, or conversion of electric power.

(35) Misfire means the complete or partial failure of a blasting charge to explode as planned.

(36) Overburden means material of any nature, consolidated or unconsolidated, that overlies a deposit of useful materials or ores that are to be mined.

(37) Primer or booster means a package or cartridge of explosives which is designed specifically to transmit detonation to other explosives and which does not contain a detonator.

(38) Reverse-current protection means a method or device used on direct current circuit equipment to prevent the flow of current in the reverse direction.

(39) Roll protection means a framework or safety canopy to protect the vehicle operator if equipment should overturn.

(40) Safety can means an approved container, of not over five (5) gallon capacity having a spring-closing lid and spout cover.

(41) Safety fuse means a train of powder enclosed in cotton, jute yarn, and water-proofing compounds which burn at a uniform rate; used for firing a cap containing the detonating compound which in turn sets off the explosive charge.

(42) Safety switch means a sectionalizing switch that also provides shunt protection in blasting circuits between the blasting switch and the shot area.

(43) Scaling means removal of insecure material from a face or highwall.

(44) Secondary safety connection means a second connection between a conveyance and rope, intended to prevent the conveyance from running away or falling in the event the primary connection fails.

(45) Semiconductive hose means hose having an electrical resistance of not less than five thousand (5000) ohms per foot and not more than two (2) megohms for its total length, used in pneumatic placement of blasting agents in boreholes.

(46) Sprung hole means a blasting hole chambered or enlarged to take an increased charge of explosives.

(47) Stemming means the inert material and the placing of such material, on top of any charge of explosives.

(48) Stray current means that portion of a total electric current that flows through paths other than the intended circuit.

(49) Substantial construction means construction of such strength, material, and workmanship that the object will withstand all reasonable shock, wear, usage, and deterioration to which it will normally be subjected.

(50) Suitable means that which fits and has the qualities or qualifications to normally meet a given purpose, occasion, condition, or function or circumstance.

(51) Travelway means a passage, walk, or way regularly used and designated for persons to go from one (1) place to another while at work.

(52) Wet drilling means the continuous application of water to the back or bottom of the drill holes while drilling.

(53) Working place means any place in or about a mine where work is being performed.

rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended: Filed June 19, 2018, effective Jan. 30, 2019. *Original authority: 286.060, RSMo 1945, amended 1947, 1980, 1995, 2011 and 293.630, RSMo 1959.

History

• AUTHORITY: sections 286.060 and 293.630, RSMo 2016. Original

8 CSR 30-2.020 Standard Practices for Safety and Operation {#sec-8-csr-30-2.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-2.020}

PURPOSE: This rule sets forth the specific safety and operating standards for the mining industry relative to specific areas of operation including ground control, fire prevention and control, explosives, drilling for blasting, loading, hauling, dumping, travelways, electricity, use of equipment, personal protection, and general.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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) Practices and standards acceptable to the director for the safe control of surface mine walls, including the overall slope of the mine wall, shall be established and followed by the operator. Such standards shall be consistent with sound engineering, the nature of the ground and the mine seams, and the ensuring of safe working conditions according to the degree of slope. Mining methods shall be selected which shall provide wall stability, including benching, if necessary, to obtain a safe overall slope.

(2) All loose and hazardous material shall be stripped for a safe distance from the edge of the highwall.

(3) The width and height of benches shall be governed by the type of equipment to be used and the operation to be performed.

(4) Safe means of scaling walls shall be provided. Loose material or trees on exposed wall areas shall be removed before any other work is performed in the exposed wall area.

(5) Miners shall not work under dangerous walls. Hazardous overhanging walls shall be taken down immediately and other unsafe ground conditions shall be corrected promptly, or the areas shall be barricaded or posted.

(6) When removing rock by hand, miners shall approach loose rock and areas on walls to be scaled from above and shall scale from a safe location.

(7) The supervisor or a competent person designated by the supervisor shall examine working areas and faces of walls for unsafe conditions at least at the beginning of each shift, during the shift while miners are working, and after blasting. Any unsafe conditions found shall be corrected before any further work is performed at the immediate area or face at which the unsafe condition exists.

(8) Miners shall examine their working places before starting work and frequently thereafter, and any unsafe conditions shall be reported immediately to the supervisor and documented before any other work is performed.

(9) Large boulders requiring secondary blasting shall be in a safe location before they are drilled or broken.

(10) Miners shall not be permitted to work between equipment and the mine wall, highwall, or bank where the equipment may hinder escape from falls or slides of the wall, unless special safety precautions are taken in advance.

(11) No person shall smoke or use an open flame where flammable or combustible liquids or greases are stored or in areas or places where fire or explosion hazards exist.

(12) Signs warning against smoking and open flames shall be posted so they can readily be seen in areas or places where fire or explosion hazards exist.

(13) Areas surrounding flammable-liquid storage tanks and electric substations and transformers shall be kept free from grass (dry), weeds, underbrush, and other combustible materials for at least twenty-five feet (25') in all directions.

(14) Fires used for warming purposes shall be enclosed to prevent persons from coming in contact with flame or coals which would ignite clothing. Oily or easily ignited clothing shall not be worn where ignition hazards are present.

(15) Buildings or rooms in which oil, grease, flammable liquids, or similar flammable materials are stored shall be of fireresistant construction and well ventilated. Provisions shall be made to control spilled flammable liquids.

(16) Abandoned electrical circuits shall be de-energized and isolated so that they cannot become energized inadvertently. If no further use is intended, they shall be removed.

(17) Combustible materials, grease, lubricants, or flammable liquids shall not be allowed to accumulate where they can create a fire hazard.

(18) Materials, such as oily waste and rags, which are subject to spontaneous combustion shall be placed in tightly covered metal containers until disposed of properly.

(19) When flammable solvents are used for cleaning, such solvents shall be transported in safety cans of not over five- (5-) gallon capacity. When solvents are used to clean parts, the containers used shall have tight fitting covers. No cleaning may be done with flammable solvents near a possible source of ignition.

(20) Oxygen cylinders shall not be stored near oil or grease.

(21) Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease.

(22) Valves on oxygen, acetylene, and other compressed gas cylinders shall be kept closed and protected from damage when they are not in use, stored, or transported.

(23) Battery-charging stations shall be located in well ventilated areas and in the clear of other equipment.

(24) Internal combustion engines, except diesels, shall be shut off and stopped before being fueled.

(25) Each mine shall have available or be provided with, appropriate types of firefighting equipment adequate for the size of the mine.

(26) Firefighting equipment shall be strategically located, readily accessible, plainly marked, properly maintained, and inspected periodically, and records shall be kept of such inspections.

(27) Fire extinguishers shall be adequate in number and size and of the appropriate type for each particular fire hazard involved.

(28) Fire extinguishers shall be replaced immediately with fully charged extinguishers of the same capability after any discharge is made from the extinguishers.

(29) Fire extinguishers shall be visually inspected monthly, tested at least once each year, and maintained according to the manufacturer’s recommendation. Each extinguisher shall bear a tag showing the date of inspection and testing and the initials or name of the person making the examination.

(30) Fire extinguishers shall be approved by Underwriters’ Laboratories, Inc., or Factory Mutual Research Corporation.

(31) When welding or cutting near combustible materials, precautions shall be taken to ensure that smoldering metal or sparks do not result in fire.

(32) Belt conveyors in locations where fire would create a hazard to personnel shall be provided with safety switches to stop the drive pulley automatically in the event the belt stalls or there is excessive slippage.

(33) Detonators and other cap sensitive high explosives shall be stored in magazines provided for that purpose.

(34) Blasting agents may be stored in van type trailers, provided that they are well ventilated, kept clean, and free of extraneous material that could create a fire hazard.

(35) Blasting agents, safety fuse, or detonating cord may be stored with explosives, but blasting agents must be kept physically separated from the fuse, detonators, and explosives.

(36) Magazines shall be visibly marked and— (A) Detached structures located away from power lines, fuel storage areas, and other possible sources of fire;

(B) Constructed substantially of noncombustible material or covered with fire-resistant material;

(C) Electrically bonded and grounded if constructed of metal;

(D) Made of non-sparking materials on the inside including floors;

(E) Provided with adequate and effectively screened ventilation openings near the floor and ceiling;

(F) Kept locked securely when unattended;

(G) Used exclusively for storage of blasting agents, explosives, or detonators and kept free of all extraneous materials;

(H) Kept clean and dry in the interior and in good repair; and (I) Unheated, unless heated in a manner that does not create a fire or explosion hazard. Electrical heating devices shall not be used inside a magazine.

(37) Only permissible lights worn or carried shall be used inside magazines.

(38) Area surrounding magazines not less than twenty-five feet (25') in all directions shall be kept free of rubbish and other combustibles.

(39) Smoking and open flames shall not be permitted within twenty-five feet (25') of explosives and detonator-storage magazines.

(40) Cases of explosives shall be stored in such a manner to assure the use of the oldest stock first.

(41) Ammonium nitrate-fuel oil (ANFO) mixtures and emulsions shall be physically separated from dynamite stored in the same magazine and in such a manner that oil does not contaminate the dynamite.

(42) Cases of explosives shall not be stored on their ends or sides nor in stacks over six feet (6') high.

(43) Explosives and detonators shall be transported in separate vehicles unless separated by four inches (4") of hardwood or the equivalent.

(44) Self-propelled vehicles used to transport explosives or detonators shall be equipped with suitable fire extinguishers and marked with proper warning signs.

(45) When vehicles containing explosives or detonators are parked, the brakes shall be set, the motor power shut off when not in use, and the vehicle shall be blocked securely against rolling when parked on an incline.

(46) Vehicles containing explosives or detonators shall not be left unattended except in blasting areas where loading or charging is in progress.

(47) Vehicles containing explosives or detonators shall not be taken to a repair garage or shop for any purpose.

(48) Vehicles used to transport explosives or detonators shall be maintained in good condition and shall be operated at a safe speed and in accordance with recognized safe operating practices.

(49) Vehicles used to transport explosives other than ANFO mixtures, shall have substantially constructed bodies, no sparking metal exposed in the cargo space, and shall be equipped with suitable sides and tail gates; explosives shall not be piled higher than the side or end enclosures.

(50) Explosives shall be transported at times and over routes that expose a minimum number of persons.

(51) Other materials or supplies shall not be placed on or in the cargo space of a conveyance containing explosives or detonators.

(52) No person shall smoke while transporting or handling explosives or detonators.

(53) Only the necessary attendants shall ride on or in vehicles containing explosives or detonators.

(54) Explosives shall be transported promptly without undue delays in transit.

(55) Nonconductive containers with tight-fitting covers shall be used to transport or carry capped fuses and electric detonators to blasting sites.

(56) Substantial nonconductive closed containers shall be used to carry explosives to blasting sites.

(57) Persons who use explosives, blasting agents, or detonators shall be competent and understand the hazards involved; trainees shall do such work only under the supervision of and in the immediate presence of competent miners or supervision.

(58) Blasting operations shall be under the direct control of competent persons designated by the operator for that

purpose.

(59) Damaged or deteriorated explosives, blasting agents, and detonators shall be disposed of in a safe manner and as soon as possible.

(60) Explosives or detonators shall not be taken to the face or the immediate vicinity (within twenty-five feet (25')) of the blasting site until all other work has been completed.

(61) Holes to be blasted shall be charged as near to blasting time as practical and such holes shall be blasted as soon as practicable after charging has been completed.

(62) No person shall smoke within twenty-five feet (25') of explosives, blasting agents, or detonators.

(63) Explosives and blasting agents shall be kept separated from detonators until charging of holes is started.

(64) Primers shall be made up at the time of charging and as close to the blasting site as conditions allow.

(65) Only wooden or other nonsparking devices shall be used to punch holes in explosives’ cartridges.

(66) Tamping poles shall be blunt and squared at one (1) end and made of wood or other nonsparking material.

(67) No tamping shall be done directly on primer cartridges.

(68) Unused explosives and detonators shall be moved back to magazine as soon as charging operations are completed.

(69) Approaches to areas in which charged holes are awaiting firing shall be guarded, or barricaded and posted, or flagged against unauthorized entry. If blasting is done after dark, red flashing lights shall be used at the approaches to the blasting area.

(70) When a blast is about to be fired, ample warning shall be given to allow all persons to retreat to a safe place. Each mine shall have a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area. The operator shall inform all employees at the local mine as to the established procedure.

(71) When safety fuse has been used, miners shall not return to misfired holes for at least thirty (30) minutes.

(72) When electric blasting caps have been used, miners shall not return to misfired holes for at least fifteen (15) minutes.

(73) Blasted materials shall be examined for undetonated explosives after each blast and undetonated explosives found shall be disposed of safely.

(74) Misfires shall be reported to the proper supervisor and shall be disposed of safely before any other work is performed in the blasting area.

(75) Blast holes in hot-hole areas and holes that have been sprung shall not be charged before tests have been made to ensure that the heat has been dissipated to a safe level.

(76) If explosives are suspected of burning in a hole, all persons in the endangered area shall move to a safe location until the danger has passed.

(77) Holes shall not be drilled where there is danger of intersecting a charge or misfired hole.

(78) Fuse and igniters shall be stored in a cool, dry place away from oils or grease.

(79) Fuse shall not be kinked, bent sharply, or handled roughly.

(80) Fuses shall be cut and capped in safe, dry locations posted with No Smoking signs.

(81) Blasting caps shall be crimped to fuses only with devices designed for that specific purpose.

(82) Fuse length, depending on the burn rate, must allow for at least two (2) minutes of burning time.

(83) At least two (2) competent miners shall be present when lighting fuses and no competent miner shall light more than fifteen (15) individual fuses. If more than fifteen (15) holes per competent miner are to be fired, igniter cord and connectors or electric blasting shall be used.

(84) A safe interval of time shall be allowed to light a round and evacuate the blasting area.

(85) Fuse shall be ignited with hot-wire lighters, lead splitters, igniter cord, or other such devices designed for this purpose.

(86) Fuse shall not be ignited before the primer and the entire charge are securely in place.

(87) Electric detonators of different brands shall not be used in the same round.

(88) Electric detonators shall remain shunted until they are being wired into the blasting circuit. Lead lines and wired rounds shall be kept shunted until immediately before blasting.

(89) Completely wired round shall be tested with a blasting galvanometer before connections are made to the blasting line.

(90) Lead wires and blasting lines shall not be strung across power conductors, pipelines, or within twenty feet (20') of bare power lines. They shall be protected from sources of static or other electrical contact.

(91) Permanent blasting lines shall be properly supported, insulated, and kept in good repair.

(92) Charging shall be stopped immediately when the presence of static electricity or stray current is detected; the condition shall be corrected before charging is resumed.

(93) Charging of holes shall be suspended and the miners withdrawn to a safe location upon the approach of an electrical storm.

(94) Safety switches and blasting switches shall be labeled, encased in boxes, and arranged so that the covers of the boxes cannot be closed with the switches in closed position.

(95) Blasting switches shall be locked in the open position, except when closed to fire the blast. Lead wires shall not be connected to the blasting switch until the shot is ready to be fired.

(96) The key to a blasting switch shall be entrusted only to the person designated to fire blast.

(97) Electrical circuits from the blasting switches to the blast area shall not be grounded.

(98) At least a five foot (5') air gap shall be provided between the blasting circuit and the power circuit.

(99) Where electric blasting is to be performed, electric circuits to equipment within twenty-five feet (25') of a hole that is to be charged with an electric blasting cap shall be de-energized before electric detonators are brought into the immediate area or the electric equipment shall be moved out of the immediate area.

(100) Power sources shall be suitable for the number of electric detonators to be fired and for the type of circuits used.

(101) When instantaneous blasting is performed, the doubletrunkline or loop system shall be used in detonating cord blasting.

(102) When instantaneous blasting is performed, trunklines in multiple-row blasting shall make one (1) or more complete loops, with crossties between loops at intervals of not over two hundred feet (200').

(103) All detonating-cord knots shall be tight and all connections shall be kept at right angles to the trunklines.

(104) Delay connectors for firing detonating cord shall be treated and handled with the same safety precautions as blasting caps and electric detonators.

(105) Detonating cord shall not be kinked, bent, or otherwise handled in such a manner that the train of detonation may be interrupted.

(106) Sensitized Ammonium Nitrate Blasting Agents.

(A) When used, the same precautions shall be taken as for high explosives.

(B) Adequate priming shall be employed to guard against misfires, increased toxic fumes, and poor performance.

(C) Where pneumatic loading is employed, before any type of blasting operations using blasting agents is put into effect, an evaluation of the potential hazard of static electricity shall be made. Adequate steps, including the grounding of the conductive parts of pneumatic loading equipment, shall be taken to eliminate the hazard of static electricity before blasting agent preparation is commenced.

(D) Pneumatic loading equipment shall not be grounded to waterlines, airlines, rails, or other permanent electrical grounding systems.

(E) Hoses used in connection with pneumatic loading machines shall be of the semiconductive type, having total resistance low enough to permit the dissipation of static electricity and high enough to limit the flow of stray electric currents to a safe level. Wirecountered hose shall not be used because of the potential hazard from stray electric currents.

(F) Plastic tubes shall not be used to protect pneumatically loaded blasting agent charges against water unless a positive grounding system is provided to drain electrostatic charges from the holes.

(107) Equipment for drilling and blasting shall be inspected each shift by a competent person designated by the operator.

Equipment defects affecting safety shall be reported immediately.

(108) Equipment defects affecting safety shall be corrected before the equipment is used.

(109) The drilling area shall be inspected by a competent person designated by the operator for hazards before drilling operations are started.

(110) Miners shall not be on the mast while the drill is in operation.

(111) Drill crews and others shall stay clear of augers or drill stems that are in motion. Persons shall not pass under or step over a moving stem or auger.

(112) Receptacles or racks shall be provided for drill steel stored on drills.

(113) Tools and other objects shall not be left loose on the mast or drill platform.

(114) When drill is being moved from one (1) drilling area to another, drill steel, tools, and other equipment shall be secured and the mast placed in a safe position.

(115) In the event of power failure, drill controls shall be placed in the neutral position until power is restored.

(116) While in operation, drills shall be attended at all times.

(117) Drill holes large enough to constitute a hazard shall be covered or guarded.

(118) Miners shall not drill from positions that hinder their access to the control levers, or from insecure footing or staging, or from atop equipment not designed for this purpose.

(119) Bit wrenches or bit knockers shall be used to remove detachable bits from drill steel.

(120) Starter steels shall be used when collaring holes with handheld or feed-leg drills.

(121) Miners shall not hold the drill steel while collaring holes or rest their hands on the chuck or centralizer while drilling.

(122) Air shall be turned off and bled from the hose before handheld drills are moved from one (1) working area to another.

(123) Equipment used for loading, hauling, and dumping shall be inspected each shift by a competent person designated by the operator. Equipment defects affecting safety shall be reported immediately.

(124) Equipment defects affecting safety shall be corrected before the equipment is used.

(125) Powered mobile equipment shall be provided with adequate brakes.

(126) Equipment operators shall be certain, by signal or other means, that all persons are in the clear before starting or moving equipment.

(127) When the entire length of a conveyor is visible from the starting switch, the operator shall visually check to make certain that all persons are in the clear before starting the conveyor. When the entire length of the conveyor is not visible from the starting switch, a positive audible warning system shall be installed and operated to warn persons that the conveyor will be started.

(128) Trucks, shuttle cars, and front-end loaders shall be equipped with emergency brakes separate and independent of the regular braking system.

(129) Operators’ cabs shall be constructed to permit operators to see without difficulty and should be reasonably comfortable.

(130) Cab windows shall be of safety glass or equivalent, in good condition and shall be kept clean.

(131) Cabs of mobile equipment shall be kept free of extraneous materials.

(132) Adequate back stops or brakes shall be installed on inclined conveyor drive units to prevent conveyors from running in reverse if a hazard to personnel will result.

(133) No person shall be permitted to ride a power driven chain, belt, or bucket conveyor, unless specifically designed for the transportation of persons.

(134) Equipment operating speeds shall be prudent and consistent with conditions of roadway, grades, clearance, visibility, traffic, and the type of equipment used.

(135) Dust control measures shall be taken where dust significantly reduces visibility. Haulage roads shall be wet down as necessary unless dust is controlled adequately by other methods.

(136) Mobile equipment operators shall have full control of the equipment while it is in motion.

(137) Dippers, buckets, loading booms, or heavy suspended loads shall not be swung over the cabs of haulage vehicles until the drivers are outside of the cabs and in safe locations, unless the trucks are designed specifically to protect the drivers from falling material.

(138) Only authorized persons shall be present in areas of loading or dumping operations.

(139) Unless safe provisions are made for persons to mount or leave equipment while it is in operation, the operator shall be notified of their intentions before getting on or off.

(140) Operators shall assume the normal operating position at all times while the vehicle is in motion and shall sit facing the direction of travel while operating equipment with dual controls.

(141) Miners shall not work or pass under the buckets or booms of loaders in operation.

(142) When traveling between work areas, the equipment shall be secured in the travel position.

(143) Dippers, buckets, scraper blades, and similar movable parts shall be secured or lowered to the ground when not in use.

(144) Miners shall not ride in dippers, buckets, forks, clamshells, or other parts of any equipment not specifically designed for the transportation of persons.

(145) Loaded cars or trucks shall not be moved until the loads are trimmed properly.

(146) Electrically powered mobile equipment shall not be left unattended unless the master switch is in the off position, all operating controls are in the neutral position, and the brakes are set or other equivalent precautions are taken against rolling.

(147) Mobile equipment shall not be left unattended unless the brakes are set. The wheels shall be turned into a bank or wall or shall be blocked when such equipment is parked on a grade.

(148) Miners shall not ride on top of loaded haulage equipment.

(149) Miners shall not ride outside the cabs and beds of mobile equipment.

(150) Equipment which is to be hauled shall be properly loaded and secured.

(151) Dumping locations and haulage roads shall be kept reasonably free of water, debris, and spillage.

(152) Berms, bumper blocks, safety hooks, or similar means shall be provided to prevent overtravel and overturning at dumping locations. Berms must be mid-axle height of the largest vehicle traveling a roadway where drop-offs exist.

(153) If truck spotters are used, they shall be well in the clear while trucks are backing into dumping position and dumping lights shall be used at night to direct trucks.

(154) When overhead clearance is restricted, warning devices shall be installed, and the restricted area shall be conspicuously marked.

(155) Ramps and dumps shall be of solid construction, of ample width, have ample side clearance and headroom, and be kept reasonably free of spillage.

(156) Lights, flares, or other warning devices shall be posted when parked equipment creates a hazard to vehicular traffic.

(157) Tires shall be deflated before repairs on them are started and adequate means shall be provided to prevent wheellocking rims from creating a hazard during tire inflation.

(158) Any load extending more than four feet (4') beyond the rear of the vehicle body shall be marked clearly with a red flag by day and a red light by night.

(159) A tow bar shall be used to tow heavy equipment. A safety chain shall be used in conjunction with the tow bar.

(160) When heavy equipment is to be towed, the towing vehicle shall be of suitable weight and strength to maintain safe control of the load.

(161) Safe means of access shall be provided and maintained to all working places.

(162) Crossovers, elevated walkways, elevated ramps, and stairways shall be of substantial construction, provided with handrails and maintained in good condition. Where necessary, toeboards shall be provided.

(163) Ladders shall be of substantial construction, maintained in good condition, and regularly inspected.

(164) Portable straight ladders shall be provided with nonslip bases, shall be placed against a safe backing at the proper angle, and set on secure footing.

(165) Fixed ladders shall be anchored securely and installed to provide at least three inches (3") of toe clearance.

(166) Fixed ladders shall have substantial railed landing at least every twenty feet (20') unless backguards are provided.

(167) Steep fixed ladders (seventy degrees to ninety degrees (70°–90°) from the horizontal) twenty feet (20') or more in length shall be provided with backguards, cages, or equivalent protection, starting at a point not more than seven feet (7') from the bottom of the ladder.

(168) Fixed ladders shall project at least three feet (3') above landings or substantial handholds shall be provided above the landings.

(169) Wooden members of ladders shall not be painted.

(170) Ladderways, stairways, walkways, and ramps shall be kept free of loose rock and extraneous materials.

(171) Miners climbing or descending ladders shall face the ladders and have both hands free for climbing.

(172) Railed walkways shall be provided wherever persons are regularly required to walk along conveyor belts. Inclined railed walkways shall be nonskid or provided with cleats.

(173) Openings above, below, or near travelways through which miners or materials may fall shall be protected by railings, barriers, or covers. Where it is impractical to install such protective devices, adequate warning signals shall be posted.

(174) Scaffolds and working platforms shall be of substantial construction and provided with handrails and maintained in good condition. Floorboards shall be laid properly and the scaffolds and working platforms shall not be overloaded.

Working platforms shall be provided with toeboards where necessary.

(175) Crossovers shall be provided where it is necessary to cross conveyors.

(176) Moving conveyors shall be crossed only at designated crossover points.

(177) Slippery walkways shall be provided with cleats and handrails or ropes, or both.

(178) Regularly used walkways and travelways shall be sanded, salted, or cleared of snow and ice as soon as practicable.

(179) Electric circuits shall be protected against excessive overloads by fuses or circuit breakers of the correct type and capacity.

(180) Power lines and telephone circuits shall be protected against short circuits and lightning.

(181) Electric equipment and circuits shall be provided with switches or other controls. Such switches or controls shall be of approved design and construction and shall be properly installed.

(182) Individual overload protection or shortcircuit protection shall be provided for the trailing cables of mobile equipment.

(183) Power wires and cables shall have adequate currentcarrying capacity and shall be protected from mechanical injury.

(184) Mobile equipment shall not run over power cables unless properly bridged or otherwise protected.

(185) Distribution boxes shall be provided with disconnect switches.

(186) Trailing cable and power-cable connections to junction boxes shall not be made or broken under load.

(187) Power wires and cables shall be insulated adequately where they pass into or out of electrical compartments.

(188) Power wires and cables which present a fire hazard shall be well installed on acceptable insulators.

(189) Where metallic tools or equipment can come in contact with bare power lines, the line shall be guarded or deenergized.

(190) Telephone and low-potential electric signal wires shall be protected from contacting energized power lines.

(191) High-potential transmission cables shall be covered, insulated, or placed according to acceptable electrical codes to prevent contact with low-potential circuits.

(192) The potential on bare signal wires accessible to personal contact should not exceed forty (40) volts.

(193) Splices in power cables, including ground conductor, where provided, shall be— (A) Mechanically strong with adequate electrical conductivity;

(B) Effectively insulated and sealed to exclude moisture; and (C) Provided with mechanical protection and electrical conductivity as near as possible to that of the original.

(194) Shovel trailing cables shall not be moved with the shovel dipper unless cable slings or sleds are used.

(195) Energized high-potential cables shall be handled with insulated hooks or tongs.

(196) Electrical equipment shall be de-energized before work is done on such circuits unless hot line tools are used. Switches shall be locked out and suitable warning signs posted by the individuals who are to do the work; locks shall be removed only by authorized persons.

(197) Principal power switches shall be labeled to show which units they control, unless identification can be made readily by location.

(198) At least three feet (3') of clearance shall be provided around all parts of stationary electric equipment or switchgear where access or travel is necessary.

(199) Suitable danger signs shall be posted at all major electrical installations.

(200) Areas containing major electrical installations shall be entered only by authorized personnel.

(201) Electrical connections and resistor grids that are difficult or impractical to insulate shall be guarded, unless protection is provided by location.

(202) Reverse-current protection shall be provided at storage battery charging stations.

(203) All metal enclosing or encasing electrical circuits shall be grounded or provided with equivalent protection. (This requirement does not apply to battery-operated equipment.)

(204) Buildings enclosing transformers and switchgear shall be grounded.

(205) Frame grounding or equivalent protection shall be provided for mobile equipment powered through trailing cables.

(206) Continuity and resistance or grounding systems shall be tested immediately after installation, following repairs or modifications, and annually thereafter.

(207) Electric equipment and wiring shall be inspected by a competent person as often as necessary to assure safe operating conditions.

(208) When a potentially dangerous condition is found, it shall be corrected before equipment or wiring is energized.

(209) Inspection and cover plates on electrical equipment shall be kept in place at all times, except during testing or repairs.

(210) Circuits shall be de-energized before fuses are removed in medium or high voltage circuits.

(211) Fuse tongs or hot line tools shall be used when fuses are removed in medium or high voltage circuits.

(212) Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections.

(213) Surplus trailing cables to shovels, cranes, and similar equipment shall be stored in cable boots or on reels mounted on the equipment or otherwise protected from mechanical damage.

(214) Operating controls shall be installed so that they can be operated without danger of contact with energized conductors.

(215) Equipment with booms or masts which are not properly protected shall not be operated where the booms or masts can come within ten feet (10') of an energized overhead power line.

(216) Overhead high-potential power lines shall be installed as specified by the National Electrical Safety Code.

(217) When equipment must be moved under energized power lines and the clearance is less than ten feet (10'), the power lines shall be de-energized or other precautions shall be taken.

(218) Guy wires from poles supporting high voltage transmission lines shall be securely connected to the system ground or be provided with insulators installed near the pole end.

(219) Telegraph, telephone, or signal wires shall not be installed on the same crossarm with power conductors. When carried on poles supporting power lines, they shall be installed as specified by the National Electrical Safety Code.

(220) Transformers shall be totally enclosed or shall be placed at least fifteen feet (15') above the ground, or installed in a transformer house or surrounded by a substantial fence at least six feet (6') high and at least three feet (3') from any energized parts, casings, or wiring.

(221) Transformer enclosures shall be kept locked against unauthorized entry.

(222) Tools and supplies shall be carried in the hands and not on the shoulders when miners travel near bare power conductors.

(223) Unguarded conveyors with walkways shall be equipped with emergency stop devices or cords along their full length.

(224) Use of Equipment—Guards.

(A) Gears, sprockets, chains, drive, head, tail; and take-up pulleys, flywheels, couplings, shafts, sawblades, fan inlets; and similar exposed moving machine parts or pinch points which may cause injury to persons shall be guarded.

(B) Overhead belts shall be guarded if the whipping action from a broken belt would be hazardous to persons below.

(C) Guards at conveyor drive, head, and tail pulleys shall be sufficient to prevent a person from reaching behind the guard and becoming caught between the belt and the pulley.

(D) Protruding set screws on revolving parts shall be guarded.

(E) Except when testing the machinery, guards shall be securely in place while machinery is being operated.

(F) Guards shall be sufficiently strong and maintained to provide the required protection.

(G) Stationary grinding machines other than special bit grinders shall be equipped with— 1. Peripheral hoods (less than ninety degrees (90°) throat openings) capable of withstanding the force of a bursting wheel;

2. Adjustable tool rests set as close as practical, but no more than one-eighth inch (1/8") opening, to the wheel; and 3. Safety washers.

(H) Face shields or goggles, in good condition, shall be worn when operating a grinding wheel.

(I) Handheld power tools, other than rock drills, shall be equipped with controls requiring constant hand or finger pressure to operate the tools or shall be equipped with friction or other equivalent safety devices.

(J) Guards or shields shall be provided in areas where flying or falling materials present a hazard.

(K) Vehicles such as forklifts, trucks, front-end loaders, and bulldozers shall be provided with rollover protective structure (ROPS) protection when necessary to protect the operator.

(L) Forklift trucks, front-end loaders, and bulldozers shall be provided with substantial canopies when necessary to protect the operator against falling material.

(M) Unsafe equipment or machinery shall be removed from service immediately.

(N) Machinery and equipment shall be operated only by authorized, trained, and experienced persons.

(O) Repairs or maintenance shall not be performed on machinery until the power is off, the systems are de-energized, the machinery is prevented from unintentional startup, and the machinery is blocked against motion, except where machinery motion is necessary to make adjustment or where non-energized components of large machinery can be safely repaired while the machine is operating.

(P) Miners shall not work on mobile equipment in a raised position until it has been blocked in place securely. This does not preclude the use of equipment specifically designed, such as elevated mobile work platforms.

(Q) Drive belts shall not be shifted while in motion unless the machines are provided with mechanical shifters.

(R) Belts, chains, and ropes shall not be guided onto powerdriven moving pulleys, sprockets, or drums with the hands except on slow-moving equipment especially designed for hand feeding.

(S) Pulleys or conveyors shall not be cleaned manually while the conveyor is in motion.

(T) Belt dressing shall not be applied manually while belts are in motion unless an aerosol-type dressing is used.

(U) Machinery shall not be lubricated while in motion where a hazard exists, unless equipped with extended fittings or cups.

(V) Compressed and liquid gas cylinders shall be secured in a safe manner.

(225) Adequate first-aid materials, including stretchers and blankets, shall be provided at places convenient to all working areas. Persons trained in administering first aid must be available on all shifts. Water or neutralizing agents shall be available where corrosive chemicals or other harmful substances are stored, handled, or used.

(226) Safety belts and lines shall be worn when miners work where there is danger of falling; a second person shall tend the lifeline when bins, tanks, or other dangerous areas are entered.

(227) Life jackets or belts shall be worn where there is danger of falling into water.

(228) Adequate protective clothing, gloves, goggles, and/or face shields shall be worn by persons handling substances that are corrosive, toxic, or injurious to the skin.

(229) Loose-fitting clothing including but not limited to open pockets, tassles, lanyards, draw strings, hoods, and frayed cuffs shall not be worn by persons working around moving equipment and machinery.

(230) Protective gloves shall be worn by employees handling materials which may cause injury.

(231) Gloves shall not be worn where they could create a hazard by becoming entwined or caught in moving parts of machinery.

(232) Effective hearing protection shall be worn where noise levels may cause permanent ear damage or hearing loss, or noise shall be reduced to safe levels, unless the wearing of the protective devices would create a greater danger to the employee.

(233) Each place of work shall be visited by a supervisor or a competent person at the beginning of and at least once each shift and more frequently as necessary to ensure that work is being done in a safe manner.

(234) No employee shall be assigned or allowed or be required to perform work alone in any area where hazardous conditions exist that would endanger their safety unless they can communicate with others, can be heard, or can be seen.

(235) When work is performed after dark, the area of drilling, blasting, stripping, and loading shall be properly illuminated.

(236) An authorized competent person shall be in charge, at all times, when miners are working.

(237) Arrangement shall be made in advance for obtaining emergency medical assistance and transportation for injured persons.

(238) At all mining operations— (A) Working places, passageways, store rooms, and service rooms shall be kept clean and orderly;

(B) The floor of every work place shall be maintained in a clean and, so far as possible, dry condition. Where wet processes are used, drainage shall be maintained and false floors, flat forms, mats, or other dry standing places shall be provided where practical; and (C) Every floor, working place, and passageway shall be kept free from protruding nails, splinters, holes, or loose boards, as practical.

(239) Operators must mark temporary portable containers with its content if not emptied by end of shift and anytime when miners would be unable otherwise to identify the chemical contained within and its Safety Data Sheets (SDS) warnings.

(240) Flammable liquids stored in a safety can must be metal with a spring-loaded lid and appropriately labeled.

(241) All miners must be trained according to Mine Safety and Health Administration (MSHA) training standards.

rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended: Filed June 19, 2018, effective Jan. 30, 2019. Amended: Filed Jan. 2, 2024, effective June 30, 2024. *Original authority: 286.060, RSMo 1945, amended 1947, 1980, 1995, 2011, and 293.630, RSMo 1959.

Op. Atty. Gen. No. 320, Davis (9-3-68). The scope of authority of the Division of Mine Inspection to inspect plants operated in conjunction with the mining of certain minerals is as follows:

Lead ore—all operations prior to shipment to the smelter which includes taking the ore from the ground and reducing it to a concentrate; clay—all operations at the minesite prior to shipment to the kilns or refractories; shale—all operations at the minesite prior to shipment to the cement plants or other available markets; iron ore—all operations prior to shipment to the steel mills which includes reduction to concentrate and formation of pellets; and silica sand—all mining and crushing operations at the minesite.

Due to similarity of statutes with some rules, see RSMo, section 293.010 for further annotations on related matters.

History

• AUTHORITY: sections 286.060 and 293.630, RSMo 2016. Original

Chapter 3 Prevailing Wage Law Rules

8 CSR 30-3.010 Applicable Wage Rates for Public Works Projects . . . . . . . . . . . . . . . . . . . . .3 {#sec-8-csr-30-3.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.010}

8 CSR 30-3.020 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 {#sec-8-csr-30-3.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.020}

8 CSR 30-3.030 Apprentices and Entry-Level Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 {#sec-8-csr-30-3.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.030}

8 CSR 30-3.040 Classifications of Construction Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 {#sec-8-csr-30-3.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.040}

8 CSR 30-3.050 Posting of Prevailing Wage Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 {#sec-8-csr-30-3.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.050}

8 CSR 30-3.060 Occupational Titles of Work Descriptions . . . . . . . . . . . . . . . . . . . . . . . . . .5 LABOR AND Labor Standards {#sec-8-csr-30-3.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.060}

8 CSR 30-3.010 Applicable Wage Rates for Public Works Projects {#sec-8-csr-30-3.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.010}

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 or by visiting the following website: https://labor.mo.gov/sites/labor/files/pubs_for ms/PW-3-AI.pdf.

(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 entry-level workers;

(C) Hours worked on residential construction projects.

(5) Section 290.262.8, RSMo, provides that the annual wage order for a particular occupational title may be altered once each year with an incremental increase. A public body shall specify in the call for bids for each contract the applicable hourly rate of wages in the locality for each type of worker as set forth in the annual wage order or any replacement page(s) identifying the annual incremental increase issued by the department for the prevailing hourly rate of wages. The wage rates attached to, and made a part of, the call for bids for a contract shall remain in effect for the duration of that particular contract.

(6) It should be understood by all interested parties that the certified applicable wage rates determined by the department are minimum wage rates. The contractor may not pay less than the applicable wage rates determined by the department for the project or contract awarded to him/her as set forth in the proposal on which s/he submitted his/her bid.

Employees are free to bargain for a higher rate of pay and employers are free to pay a higher rate of pay.

(7) Each month the successful bid contractors shall submit certified copies of their current payrolls to the contracting public body. The public body, upon receipt of the payrolls on a project, shall keep the payrolls on file for a period of one (1) year from the date of submission of the final payrolls by the contractor.

Payroll records shall set out accurately and completely, for each individual, the following information which shall be specifically recorded by occupational title classification and type of worker (journeyman, entry-level worker, or federally-registered apprentice): name and address of each worker, rate of pay, daily and weekly number of hours worked, deduction made, and actual wages paid. The payroll records shall be available at all times for inspection by authorized representatives of the Department of Labor and Industrial Relations.

(8) The public body shall make examinations of the payrolls and other records of each contractor or subcontractor as may be necessary to assure compliance with the provisions of the law. In connection with those examinations, particular attention should be given to the correctness of classifications and any disproportionate employment of any workers.

The examinations shall be of a frequency that may be necessary to assure conformity with the provisions of the law. An examination shall be made after the project has been substantially completed but prior to the acceptance of the affidavit as required by section 290.290, RSMo. If any violation of sections 290.210–290.580, RSMo, is discovered by the inspecting public body, it is their duty under section 290.250, RSMo, to withhold and retain from payments to the contractor all sums and amounts due and owing as a result of any violation. Any violation shall be immediately reported to the Division of Labor Standards at PO Box 449, Jefferson City, MO 65102 or by telephone or electronically.

Filed July 24, 1984, effective Nov. 11, 1984.

Amended: Filed Aug. 24, 1990, effective April 29, 1991. Emergency amendment filed Sept. 15, 1994, effective Sept. 25, 1994, expired Jan. 13, 1995. Emergency amendment filed Dec. 9, 1994, effective Jan. 14, 1995, expired May 13, 1995. Emergency amendment filed May 1, 1995, effective May 14, 1995, expired Sept. 10, 1995. Amended:

Filed May 1, 1995, effective Aug. 30, 1995.

Amended: Filed July 17, 1995, effective Jan. 30, 1996. Amended: Filed March 27, 2000, effective Oct. 30, 2000. Amended: Filed Nov. 9, 2000, effective May 30, 2001. Emergency amendment filed Nov. 10, 2015, effective Nov. 20, 2015, expired May 17, 2016. Amended:

Filed Nov. 10, 2015, effective April 30, 2016.

Emergency amendment filed Nov. 21, 2018, effective Dec. 1, 2018, expired May 29, 2019.

Amended: Filed Nov. 21, 2018, effective July 30, 2019.

Woodman Engineering Company v. Butler, 442 SW2d 83 (Mo. App. 1969). The function of reviewing court in prevailing wage cases is to decide if the determination of the commission was authorized by law and was supported by competent and substantial evidence upon the whole record. A decision clearly contrary to the evidence should be set aside.

However, all pertinent evidence and factors must be considered in determining the applicable prevailing wage.

City of Joplin v. Industrial Commission of Missouri, 329 SW2d 687 (Mo. En Banc 1959). Administrative agencies do not have

History

• AUTHORITY: section 290.240.2, RSMo Supp. 2018. Original rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended:
• authority to determine constitutionality of legislation. Determination of prevailing wage earnings by commission must be based upon all current relevant factors.

8 CSR 30-3.020 Definitions {#sec-8-csr-30-3.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.020}

PURPOSE: This rule sets forth the definition of certain terms for purposes of issuance and use of annual and general wage orders under the Prevailing Wage Law, sections 290.210– 290.580, RSMo and the rules in this chapter.

(1) The term construction of public works generally includes construction activity as distinguished from manufacturing, furnishing of materials or servicing and maintenance work. The term includes, without limitation, the construction of buildings, structures and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping. The manufacture or furnishing of materials, articles, supplies or equipment is not construction of public works within the meaning of the Prevailing Wage Law unless conducted in connection with and at the site of construction. The term construction of public works also means all work done in the construction or development of a public works project, including without limitation, altering, remodeling, demolishing existing structures, installation on the site of the construction of items fabricated off-site, painting and decorating, the transporting of materials and supplies to or from the site of the construction by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the construction by persons employed by the contractor or subcontractor.

(2) The term site of the building or construction job means the physical place(s) where the public works are to be constructed, and also means other adjacent or nearby property used by the contractor or subcontractor in that construction which can reasonably be said to be included in the site. Except as otherwise provided in this section, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards and the like, are part of the site of the building or construction job provided they are dedicated in a substantial degree to the performance of the public works project, and are so located in proximity to the actual construction location that it would be reasonable to include them.

The dedication of seventy-five percent (75%) or more of the output of a fabrication plant, batch plant and the like, to the public works project raises a rebuttable presumption that the facility is part of the site of the building or construction job. The presumption may be rebutted by evidence showing that the facility was established for other legitimate commercial purposes that make the facility useful well after the public works project has been completed. Not included in the site of the building or construction job are permanent home offices, branch plant establishments, fabrication plants and tool yards of a contractor or subcontractor whose location and continuance in operation are determined wholly without regard to a particular public works project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, tool yards and the like, of a commercial supplier or materialman which are established by a supplier of materials for the project before opening of bids and not on the project site are not included in the site of the building or construction job. The permanent, previously established facilities are not a part of the site of the building or construction job, even where the operations for a period of time may be dedicated exclusively, or nearly so, to the performance of a public works project.

History

• AUTHORITY: section 290.240, RSMo 1994. Original rule filed Aug. 24, 1990, effective April 29, 1991. Amended: Filed July 17, 1995, effective Jan. 30, 1996. 1959.

8 CSR 30-3.030 Apprentices and Entry- Level Workers {#sec-8-csr-30-3.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.030}

PURPOSE: This rule sets forth the requirements for the payment of wages to apprentices and entry-level workers employed on public works subject to the Prevailing Wage Law.

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) Journeymen’s rate of pay shall be paid to all workers employed on public works construction except entry-level workers or apprentices registered and participating in apprentice programs registered with the United States Department of Labor, Employment and Training Administration; and apprentices registered and participating in programs certified by the Secretary of the United States Department of Transportation as promoting equal opportunity in connection with federal-aid highway construction programs. Such workers shall be paid not less than fifty percent (50%) of the applicable wage rate for a journeyman worker under the appropriate occupational title for a specific locality. In calculating the applicable wage rate for a journeyman worker, fringe benefits shall be included.

(2) As set forth in section 290.235, “on-thejob training workers” are defined as follows:

(A) “Federally-registered apprentices” – Workers participating in programs administered by the United States Department of Labor and subject to their specific requirements (See 29 U.S.C. section 50 and 29 C.F.R. 29) and workers participating in programs administered by the United States Department of Transportation and subject to their specific requirements. (See 23 U.S.C.

section 113 and 23 C.F.R. 230); and (B) “Entry-level workers”—Any worker who is not a journeyman and who is not otherwise enrolled in a federally-registered apprenticeship program but is participating in an on-the-job training program provided by the contractor for whom they perform work on a public construction project.

(3) Workers employed on federal-aid highway construction projects may be paid at an apprentice rate of pay if enrolled in an apprenticeship or skill training program which has been certified by the Secretary of the United States Department of Transportation pursuant to 23 U.S.C. 113. In the event the Secretary of Transportation withdraws approval of a program, the contractor will no longer be permitted to pay workers less than the applicable predetermined rate for the work performed until an acceptable program is approved. effective April 29, 1991. Amended: Filed July 17, 1995, effective Jan. 30, 1996. Emergency 4CODE OF STATE REGULATIONS

8 CSR 30-3.040 Classifications of Construction Work {#sec-8-csr-30-3.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.040}

PURPOSE: The Department of Labor and Industrial Relations has the responsibility under section 290.260, RSMo to determine the prevailing hourly rate of wages to be paid to workers engaged in work of a similar character. This rule establishes classifications of construction work for the department to use in determining the prevailing hourly rate of wages for work of a similar character.

(1) All public works construction, for which the prevailing hourly rate of wages or the public works contracting minimum wage of workers are to be determined, shall be classified as either— (A) Building construction; or (B) Highway and heavy construction.

(2) Building construction shall mean the following:

(A) Building structures, including modification, additions or repairs, or both, to be used for shelter, protection, comfort, convenience, entertainment or recreation, or for protection of people or equipment;

(B) Buildings at an airport project, such as terminal buildings, freight buildings, and any other construction necessary for the operation of the airport facilities;

(C) Stadiums, athletic fields, dressing rooms, bleachers, and all other buildings needed in connection with an athletic or entertainment facility;

(D) Entire buildings that are built aboveground in connection with highway, subway, or tunnel projects, such as tool stations or housing for mechanical equipment;

(E) Excavation for the building itself, including backfilling inside and outside the (F) Storm and sanitary sewers inside the building and to the curb line;

(G) Work in connection with telephone, electrical, water, oil, gas, or fuel lines, or other utility or communication lines inside a building and to the curb line;

(H) Sidewalks other than those that are poured in connection with a street or road project;

(I) Driveways that are built to serve a (J) Parking lots connected to a building and all structures built as parking facilities;

(K) Retaining walls built in conjunction with a building project;

(L) Demolition of a building(s) as part of the site preparation for new building construction;

(M) Landscaping of building sites or the planting of all shrubbery that is incidental to building construction as defined in section (2); and (N) Work on water and wastewater treatment plants within the fence line.

(3) Highway and heavy construction shall mean the following:

(A) Work in connection with roads, streets, parkways, alleys and highways including, but not limited to, grading, paving, curbing, signs, fences, guard rails, bridges, lighting, retaining walls, and landscaping;

(B) Work on viaducts, overpasses, underpasses, drainage projects, aqueducts, irrigation projects, flood control projects, reclamation projects, reservoir filtration and supply projects, water power, duct lines, distribution lines, pipe lines, locks, dikes, levees, revetments projects, excluding work specifically defined as building construction;

(C) Work in connection with underground construction on tunnels and shafts;

(D) Railroad work in its entirety, including elevated railroads;

(E) Main and side sewers;

(F) Work in connection with airports, such as runways, roads, and streets, but excluding that which is listed as building construction;

(G) Work in connection with telephone, electrical, water, oil, gas, or fuel lines, or any other utility or communication lines from the curb line;

(H) Sidewalks when poured incidental to a street or road project;

(I) Parking lots not incidental to a building (J) Demolition of all buildings as part of site preparation for any highway and heavy construction as is otherwise defined in section (3). effective April 29, 1991. Amended: Filed July 17, 1995, effective Jan. 30, 1996. Emergency

8 CSR 30-3.050 Posting of Prevailing Wage Rates {#sec-8-csr-30-3.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.050}

PURPOSE: This rule sets forth the requirements for the posting of prevailing wage rates on public works projects subject to the Prevailing Wage Law.

(1) Contractors and subcontractors engaged in public works projects shall post the applicable hourly rate of wages (the prevailing wage or the public works contracting minimum wage as provided in section 290.257, excluding rates on projects for which the engineer’s estimate or the bid accepted by the public body for the total project cost is less than seventy-five thousand dollars ($75,000)) in a dry, accessible place within the field office at the site of the building or construction job. On public works projects for which no field office is needed or established, such as road construction, sewer lines, pipelines, and the like, a contractor/subcontractor may post the applicable hourly rates of wages at the contractor/subcontractor’s local office or batch plant, so long as the contractor/subcontractor provides a copy of the prevailing hourly wage rates to any worker upon request. Applicable hourly wage rates must be posted and maintained in a clearly legible condition for the duration of the public works project as provided by law. effective April 29, 1991. Emergency amendment filed Nov. 21, 2018, effective Dec. 1, 2018, expired May 29, 2019. Amended: Filed Nov. 21, 2018, effective July 30, 2019.

8 CSR 30-3.060 Occupational Titles of Work Descriptions {#sec-8-csr-30-3.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-3.060}

PURPOSE: The Department of Labor and Industrial Relations is required to determine the prevailing hourly rate of wages to be paid to each worker engaged in construction on a public works project, relative to the type of work performed by each worker. This rule describes by occupational title the type of work performed in the construction of a public works project in Missouri and sets forth the procedures to be followed in identifying each occupational title utilized on a public works project.

(1) Each occupational title defines by name the type of work performed in the construction of a public works project. The description of work designated for a particular occupational title is not intended to be jurisdictional in scope or nature, and is not to be construed as limiting or prohibiting workers from engaging in construction work falling within several occupational titles.

(2) Each occupational title of work description shall be based upon the particular nature of the work performed, with consideration given to those trades, occupations or work generally considered within the construction industry as constituting a distinct classification of work. In determining occupational titles and scope of work definitions, the department shall consider the following:

(A) Collective bargaining agreements;

(B) Dictionary of Occupational Titles, as published by the United States Department of Labor; and (C) Opinions of experts from organized labor and the opinions of contractors and contractor associations as they relate to the custom and usage applicable to the construction industry in Missouri.

(3) Interested parties who wish to submit wage information to be used in establishing the prevailing hourly rate of wages for a particular class or type of work are required to identify the work according to the applicable occupational title of work description set forth in this rule. Hours of work reported by a contractor or subcontractor to the department shall not be used to establish the prevailing hourly rate of wages if the party submitting the hours of work fails to identify the work under one of the occupational titles included in section 290.257.

(4) Any question as to the proper classification of work should be resolved before the work in question is commenced. Interested parties are encouraged to contact the Prevailing Wage Section of the Division of Labor Standards for an interpretation of these rules and for a determination of the appropriate occupational title of work description, relative to the class or type of work to be performed.

(5) The occupational titles and work descriptions for each type or class of work contained herein are valid throughout the entire state of Missouri. Through an objection to a wage order, an interested party may assert that any given description of work, as stated within this rule, does not apply to a specific occupational title(s) and that a different work description should apply to that occupational title(s). The interested party shall have the burden of proving by a preponderance of the evidence the inapplicability of the description of work within that particular occupational title, but shall be afforded the opportunity to do so in a hearing on an objection to the wage order before the Labor and Industrial Relations Commission.

(6) Occupational titles of work descriptions may be obtained from the department by written request to the director of the Division of Labor Standards, PO Box 449, Jefferson City, MO 65102 or by visiting the following website: https://labor.mo.gov/DLS/PrevailingWage/pw Contractors.

(7) The occupational titles of work descriptions set forth here are as follows:

(A) Asbestos Worker—Applies to workers who apply insulation materials to mechanical systems to reduce loss or absorption of heat, prevent moisture condensation, and to deaden sound and prevent vibration. The workers remove all insulation materials from mechanical systems unless the mechanical system is being scrapped. The work falling within this 1. The preparation, including the building of enclosures and hanging polyurethane, and physical distribution on the job site of asbestos, cork, plastic, magnesia or similar materials, or other materials used as a substitute, and used as thermal insulation. The manufacture, fabrication, assembling, molding, handling, erection, spraying, pouring, making, hanging, application, adjusting, alteration, repairing, dismantling, reconditioning, corrosion control, and testing of heat or frost insulation, such as asbestos, cork, mineral wall, infusorial earth, mercerized silk, flax, fiber, fire felt, asbestos paper, asbestos curtain, asbestos millboard, fibrous glass, foam glass, styrofoam, polyurethane, polystyrene, metals, plastics, fibrous matter, roving, and resins, and the erection of scaffolding up to fourteen feet (14'), working platform;

2. The covering, including encapsulation, of boilers, tanks, refrigeration units, evaporators, turbines, fittings, valves, ducts, flues, vats, equipment, hot and cold pipes, or any other hot or cold surfaces with the insulation materials listed in this rule, used for the purpose of thermal insulation, fire stoppage, fireproofing, radiator protection, sound deadeners, and the lagging (covering) on piping; and 3. The removal of all insulation materials from mechanical systems, unless the mechanical system is being scrapped, whether they contain asbestos or not (pipes, boilers, ducts, flues, breechings). All cleanup required in connection with this work, shall include the sealing, labeling, and dropping of scrap material into the appropriate containers. (After drop, final disposal is considered to be the class or type of work falling within second semiskilled laborer.);

(B) Boilermaker—Applies to workers who assemble, erect, and repair boilers, tanks, vats, and pressure vessels according to blueprint specifications, using handtools, portable power tools, and equipment. The work falling within this occupational title of 1. Locating and marking of reference points for columns on plates or foundations, using master straightedge, squares, transit, and measuring tape;

2. Using rigging or cranes to lift parts to specified positions;

3. Aligning structures or plate sections, using plumb bobs, levels, wedges, dogs, or turnbuckles;

4. Drilling, reaming, chipping, caulking, and grinding of structures and sections and bolting or welding them together;

5. Setting of drums and headers and installation of tubes;

6. Cleaning up as necessary in connection with this work; and 7. Riveting, acetylene burning, rigging, fitting-up, impact machine operating, unloading and handling of material and equipment where power equipment and rigging are (C) Bricklayers—Applies to workers who prepare, lay, set, bed, point, patch, grout, caulk, cut, fit, plumb, align, level, anchor, bolt, or weld brick, stone masonry, precast aggregate panels, and all types of artificial or imitation masonry. Also, the workers install expansion joint materials in brick, stone masonry, precast aggregate panels, and all types of artificial or imitation masonry. The work falling within this occupational title of 1. The unloading of brick, stone masonry, precast aggregate panels, and all types of artificial or imitation masonry where power equipment and rigging are required;

7. The masonry paving and rip-rapping of all types, with or without mortar;

8. The reinforcing of masonry, including placing, tying, and setting of rods;

9. The application of insulation systems and materials, and air and/or vapor barrier systems and materials, by spray, trowel, roller, adhesive, or mechanically fastened in or to all masonry walls;

10. The caulking of abutting masonry openings in masonry walls, expansion joints, and false joints in all types of masonry;

11. The waterproofing of all types of masonry, which shall include installation and application of air and/or vapor barrier systems and materials by spray, trowel, roller, adhesive, or mechanically fastened; and 7. The cleaning, tuckpointing, sandblasting, steam cleaning, and Gunite work on all types of masonry;

(D) Carpenter (which shall include pile driver, millwright, lather, and linoleum layer)—Applies to workers who construct, 6CODE OF STATE REGULATIONS erect, install, and repair structures, structural members and fixtures made of wood, plywood, wallboard, and materials that take the place of wood, such as plastic, metals, composites, fiberglass, and Transit sheeting and Cemesto Board, using carpenter hand tools and power tools. The work falling within this 1. General Carpenter.

A. The layout of buildings or structures on the site or plot. The installation of aluminum expansion joints for buildings and bridge structure as well as concrete strike-off machines.

B. The making and setting of all concrete forms (except curb forms on heavy construction), including establishment of building lines or flow lines (box culverts, bridges) including footing forms. The making of all forms used in tilt-up construction. The layout, installation, and construction for wall forms and footing forms, all block-outs, wood or steel, layout, and installation of all embedded items.

C. The building and handling of scaffolds used by carpenters to work from. All scaffolding, constructed or assembled, fourteen feet six inches (14'6") and higher for normal or specialty use—regardless of purpose.

D. The building of rough wooden structures, such as concrete forms, scaffolds, wooden bridges, trestles, coffer dams, tunnel and sewer support, welding and burning.

E. The selection of specified type of lumber or other materials. Prepare layout, using rule, framing square, and calipers.

Mark cutting and assembling lines on materials, using pencil, chalk, and marking gauge.

Shape materials to prescribed measurements, using saws, chisels, and planes. Assemble, cut, and shape materials and fasten them together with nails, dowel pins, or glue. Erect framework for structures. Verify trueness of structure with plumb bob and carpenter’s level. Apply decorative paneling to walls.

F. The installation of ladders, handrails, walkways, platforms, and gangways made of wood as well as shoring and lagging. Install doors and wood and metal windows and bucks, including hardware (bucks are rough frames in which finished frames are inserted) in building framework and brace them with boards nailed to framework. Install pallet racks and metal shelving.

Install subflooring in buildings. Install insulation such as batt, board, safing, thermal, styrofoam, sound attenuation, fiberglass when the installation of the insulation material is not being applied as an integral part of the roof ing system. Nail plaster grounds (wood or metal strips) to studding. Fit and nail sheathing on outer walls and roofs on buildings. Install beams and trusses of wood laminate.

G. The making, handling, and setting of all frames, sash, blinds, trim, and other fixtures (for example, cabinets, bookcases, and benches), when made of wood or any wood substitute. The handling and assembly of chairs, seats, bleachers, and benches and other furniture in theaters, halls, schools, and other places of assemblage on floors of any kind. Install protection screens, chalk boards, toilet partitions (plastic laminate, solid plastic). Caulking of fixtures and countertops including Corian tub and shower enclosures.

H. The installation of wood and metal studs and exterior panels.

I. The handling, cutting, sawing, fitting of drywall (sheetrock), and lead-lined drywall whether for walls, ceilings, floors, soffits, or any use, no matter how installed— nailed, screwed, glued, or otherwise (interior, exterior). Lead-lined drywall is used in X rays to avoid radiation exposure. Install corner guards and wooden and plastic column covers.

J. The handling and installation of acoustical and egg crate ceiling systems in its entirety (hanger wire, grid, molding, tile) whether vertically or horizontally installed.

K. The installation of all builders hardware, including door tracks of every description. The installation of all weather strips. The making, fitting, and hanging of fly screens for doors, windows, and other openings.

L. Installation of wood and hollow metal doors, rollup garage doors, overhead doors or rolling fire doors, automatic doors, channel iron door bucks, glass sliding, and bi-fold doors.

M. The installation of access flooring, computer floors, and raised or elevated floors. Install modular headwall units and laboratory casework and fume hoods;

2. Pile Driver—The work falling within pile driver includes:

A. The handling, layout, driving, cutting, and splicing of wood, metal, or concrete piling regardless of purpose (for example, sheets, I-beams, pile caps, and welding to piling);

B. The assembly, disassembly, and rigging of the pile driving equipment; and C. The conduct of underwater diving that is incidental to pile driving work;

3. Millwright—Applies to workers who design, build, or repair mills or mill machinery; hoist, dismantle, erect, assemble, line, and adjust all machines used in the transmission of power in buildings, factories or elsewhere; unload machines used in the transmission of power in buildings, factories, or elsewhere, where power equipment and rigging are required. The work falling within this includes: the setting of all classes of engines, direct drive motors, dynamos, turbines, generators, and air compressors and pumps. The assembling, setting, and packing of all compressors and pumps. The placing of all pulleys, sheaves, and fly wheels on the listed equipment. The making and setting of all templates and bolts for all machinery requiring same. Drypacking for sole plates.

Installation of truck and railroad scales.

Installation of trash compactors. Installation of all types of conveyors. The cutting and threading of all bolts. The handling and operating of all acetylene and devices for heating, welding, and cutting when used in connection with millwright work;

4. Lather—Applies to workers who erect horizontal metal framework to which laths are fastened, using nails, bolts, studgun, or a combination of these, drills holes in floor and ceiling, and drives ends of wooden or metal studs into holes to provide anchor for furring or rockboard laths. The occupational title of lather applies to workers who nail, clip, or fasten, all types of wood, wire, and metal laths, plasterboard, wallboard, rockboard, gypsum, sheetrock, and acoustical materials which take the place of same to walls, ceilings, and partitions of buildings to provide supporting base for plaster, fireproofing, or acoustical material. The occupational title of work description for lather applies to workers who erect all metal plastering accessories which are covered or serve as ground, or both, guard, stock, or screed for plaster materials, including wire mesh. The work description includes:

A. The installing of carrying bars and purlins (pieces of horizontal timber), light iron, and metal furring (thin strips of wood or metal to create air space) of all descriptions, such as rods, channels, flat iron, T-bar, Hbar, and other ceiling bars or systems for the receipt of lath and board;

B. The wiring of plasterer channels to overhead structural framework to provide support for plaster or acoustical ceiling tile;

C. The nailing of plaster grounds (wood or metal strips) to studding to provide a guide for those workers performing work description for plasterer;

5. Linoleum Layer—Applies to workers who measure, cut, sew, make-up and seam, tape, fit, lay, and install and seal and wax materials to be cemented, tacked, or otherwise applied to its base, wherever it may be.

These materials may be used as shockabsorbing, sound-absorbing, or decorative coverings. With the exception of terrazzo, magnesite, and latex built-up floors, the materials include oil cloth, matting, linen, carpet, synthetic turf, linoleum, vinyl, plastic, rubber, cork, mastic, asphalt, mastipave, tile, wood tile, interlocking and magnetic tile, chalk and bulletin board, nonslip or abrasive materials, resilient, decorative seamless surface coatings, monolithic coverings (monolithic shall mean all resilient seamless material such as epoxy, polyethylene, plastics and their derivatives, components and systems), and all other resilient coverings on floors, walls, counters, table tops, and ceilings. The A. The handling of materials at the point of installation;

B. The performing of all necessary preparation and finish work, such as sweeping, scraping, sanding, or chipping dirt and irregularities from base surfaces and filling cracks with putty, plaster, or cement grout to form smooth, clean foundations, drilling holes for sockets and pins;

C. The installing of underlayment, sanding and filling, fitting of metal edgings, metal corners, and caps and fitting devices for attachment of these materials;

D. The spreading of adhesive cement over floor to cement foundation material to the floor;

E. The laying of covering on cement;

F. The rolling of finished floor to smooth it out and press cement into base and covering;

(E) Cement Mason (which shall include plasterer)—The work falling within this occupational title of work description includes:

1. Cement Mason - Applies to workers who perform work on concrete where finishing tools are used.

A. The setting of screeds, the rodding (buildings), shaping, smoothing, and finishing of the surfaces of freshly poured concrete floors, walls, sidewalks, curbs, steps, and stairways, the finishing of extruded barrier rails or any other concrete surface requiring finishing, using hand tools or power tools, including floats, trowels, screeds, and straightedge.

B. The removing of rough or defective spots from concrete surfaces, using grinder or chisel and hammer and patching holes with fresh concrete or epoxy compound preparatory to sacking.

C. The molding of expansion joints and edges, using edging tools, jointers, and straightedge.

D. The application of penetrating sealer and primer protective coatings to concrete floors and steps when part of the finish ing process.

E. The installation of seamless composition floors and the installation and finishing of epoxy-based coatings or polyesterbased linings to all surfaces, when the coatings or linings are applied by spraying or troweling.

F. The sandblasting or water blasting for architectural finish or preparatory to patching.

G. The cutting of joints with concrete saw for the control of cracks in buildings and sidewalks, driveways, and curbs and gutters contiguous to buildings.

H. The setting of concrete curb, gutter, and sidewalk forms one (1) board high up to twelve inches (12");

2. Plasterer – Applies to workers who apply gypsum, Portland cement, stucco, imitation stone, and kindred materials and products to interior walls, ceilings, and partitions and to exterior walls of buildings, and finish those materials and products.

A. The spreading of plaster over laths, masonry, or any other base, using trowel, and smoothing the plaster with darby and float for uniform thickness;

B. The application of the various manufacturers’ brand names of thin coat or plaster veneer;

C. The application of all bonding agents and mastical;

D. The roughing of undercoat with wire or metal scraper to provide bond for succeeding coat of plaster;

E. The application of all malleable plastic materials and epoxy materials;

F. The setting in place of plasterboard, insulation board, styrofoam and beadboard, ground, locks, patent dots, cork plates, brownstone and acoustical tile, fiberglass reinforcement and finished products;

G. The plastering of joints, nail holes, and bruises on wallboard;

H. The grouting and filling of door bucks, runners, and similar installations, in conjunction with plastering operations;

I. The application of scratchcoat, browncoat, and finish coat of plaster to wood, metal or board laths successively to all ceilings and walls when finished with terrazzo or tile, and the application of any plastic material to same;

J. The fireproofing of all building assemblies with plaster materials, sprayed fiberglass or similar materials, whether applied to gypsum, metal lath, or directly;

K. The application of crushed stone, marble, or ceramic chips and broken glass where embedded in plaster, or similar materials;

L. The placing of acoustic blocks with any plastic material, regardless of thickness;

M. The placing, by any method, of plaster or composition caps and ornaments;

N. The creating of decorative textures in finish coat by marking surface of coat with brush and trowel or by spattering it with small stones (stucco) where plastering equipment or materials, or both, are used; and O. The operation and control of all types of plastering machines, including power trowels and floats;

(F) Communications Technician— Applies to workers who install, inspect, repair, and service electronic and telecommunication systems. The work falling within the occupational title of Communication (Electronic/Telecommunication)

Technician 1. Installing, repairing, and servicing of radio, television, and recording systems and devices; systems for paging, intercommunication, public address, wired music, clocks, security and surveillance systems, and mobile radio systems; fire alarm and burglar alarm systems;

2. Wiring of low-voltage surface wiring and wiring in nonmetallic conduits and incidental shielded metallic conduit runs of no longer than ten feet (10') nor larger than one inch (1") when required in conjunction with the work listed in this rule;

3. Installing, repairing, servicing, or a combination of these, of the Main Distribution Frame (MDF) where the permanent outside lines entering a building terminate and where the subscriber’s line multiple cabling and trunk multiple cabling originate.

It is usually located on the ground floor of a 4. Installing, repairing, servicing, or a combination of these, of the Intermediate Distribution Frames (IDF), which provides flexibility in allocating the subscriber’s number to the line unit or equipment in the office that is to be associated with the particular line. These frames are located on each floor of a building;

5. Installing, repairing, servicing, or a combination of these, of the subpanels (blocks). The subpanels are connecting devices where large feed cables terminate at the distribution frames;

6. Installing, repairing common equipment or key service unit, or a combination of these. This equipment consists of a backboard assembly and an equipment mounting frame, which are utilized for connecting external telephones;

7. Installing, repairing, servicing of the instruments, terminals, and sets, or a combination of these. This equipment is at either end of a circuit, or at a subscriber’s or user’s terminal;

8. Installing, repairing, servicing, or a combination of these, of the ancillary or add-on equipment such as bells, buzzers, 8CODE OF STATE REGULATIONS speakerphones, headsets, automatic dialers, recorders; and 9. Installing, repairing, servicing of the telephone cable, or a combination of these.

Telephone cable includes: network channel service cable; riser cables between floors of a building; distribution cables installed on each floor of a building in the floor or the ceiling, and inside wires between the telephone and the connection to the distribution cable;

(G) Electrician—Applies to workers who are responsible for installation, assembly, construction, inspection, operation, and repair of all electrical work within the property lines of any given property (manufacturing plants, commercial buildings, schools, hospitals, power plants, parking lots). This scope of work shall begin at the secondary site of the transformer when the transformer is furnished by the local utility and the service conductors are installed underground.

When service conductors are installed overhead in open air from wooden poles, this scope of work shall start immediately after the first point of attachment to the buildings or structures. The work falling within this 1. Planning and layout of electrical systems that provide power and lighting in all structures. This includes cathodic protection systems utilized to protect structural steel in buildings and parking structures;

2. All handling, moving, loading, and unloading of any electrical materials, materials used in association with an electrical system, electrical equipment, and electrical apparatus on the job site, whether by hand or where power equipment and rigging are 3. Welding, burning, brazing, bending, drilling, and shaping of all copper, silver, aluminum, angle iron, and brackets to be used in connection with the installation and erection of electrical wiring and equipment;

3. Measuring, cutting, bending, threading, forming, assembling, and installing of all electrical raceways (conduit, wireways, cable trays), using tools, such as hacksaw, pipe threader, power saw, and conduit bender;

4. Installing wire in raceways (conduit, wireways, troughs, cable trays). This wire may be service conductors, feeder wiring, subfeeder wiring, branch circuit wiring;

5. Chasing and channeling necessary to complete any electrical work, including the fabrication and installation of duct banks and manholes incidental to electrical, electronic, data, fiber optic, and telecommunication installation;

6. Splicing wires by stripping insulation from terminal leads with knife or pliers, twisting or soldering wires together, and applying tape or terminal caps;

7. Installing and modifying of lighting fixtures. This includes athletic field lighting when installed on stadium structures or supports other than wooden poles, or both;

8. Installing and modifying of all electrical/fiber optic equipment (AC-DC motors, variable frequency drives, transformers, reactors, capacitors, motor generators, emergency generators, UPS equipment, data processing systems, and annunciator systems where sound is not a part thereof);

9. Installing of raceway systems utilizing conduit, conduit bodies, junction boxes, and device boxes for switches and receptacles. This also may include wiring systems utilizing other methods and materials approved by the National Electrical Code (MC cable, AC cable, BX, or flexible metal tubing or electrical nonmetallic tubing);

10. Installing of main service equipment, distribution panels, subpanels, branch circuit panels, motor starters, disconnect switches, and all other related items;

11. Installing and wiring of instrumentation and control devices as they pertain to heating, ventilating, air conditioning (HVAC) temperature control and energy management systems, building automation systems, and electrically or fiber optic operated fire/smoke detection systems where other building functions or systems are controlled;

12. Installing conduit or other raceway greater than ten feet (10') when used for the following: fire alarm systems, security systems, sound systems, closed circuit television systems or cable television systems, or any system requiring mechanical protection or metallic shielding (telephone systems);

13. Testing continuity of circuit to insure electrical compatibility and safety of components. This includes installation, inspecting, and testing of all grounding systems including those systems designed for lighting protection; and 15. Removing electrical systems, fixtures, conduit, wiring, equipment, equipment supports, or materials involved in the transmission and distribution of electricity within the parameters of the building property line if reuse of any of the existing electrical system is required. This may include the demolition and removal and disposal of the electrical system;

(H) Elevator Constructor—Applies to workers who assemble and install electric and hydraulic freight and passenger elevators, escalators, dumbwaiters, and moving walks.

The work falling within this occupational title of work description includes:

1. The handling, unloading, and hoisting of all equipment to be assembled or installed by workers performing work within this occupational title of work description, from the time that equipment arrives at, or near the building site;

2. The wrecking or dismantling of elevator plants, to include elevators, escalators, dumbwaiters, moving walks, and all other equipment to be reused and assembled or installed by workers performing work within this occupational title of work description;

3. The sinking, drilling, boring, digging cylinder wells, or backfilling for hydraulic lifts, hydraulic elevators, or screw lifts;

4. The layout, erecting and assembling of all elevator equipment (for example, electric, hydraulic, steam, belt, compressed air, and hand-powered elevators; dumbwaiters, residence elevators, parking garage elevators), and the assembly of all escalators, moving walks and link belt carriers;

5. The erecting and assembly of all theater stage and curtain equipment and guides and rigging to them, organ consoles, and orchestra elevators;

6. The installing of all wiring, conduit, and raceways from the first point of attachment of main feeder terminals on the controller to other apparatus and operating circuits;

7. The operating of temporary cars; and 8. The installing of all elevator enclosures, fronts, fascias, sills, frames, and bucks;

(I) Glazier—Applies to workers who select, cut, prepare, handle, install, or remove all window glass, plate, and all other types of glass, including structural glass, mirror glass, tempered and laminated glass, safety or protection glass, all types of insulating glass units, all plastics or other similar materials when used in place of glass and when set or glazed with putty, moulding rubber, cement, lead, and all types of mastic, or other materials used in place of same. The workers performing work within this occupational title of work description install these materials in windows, louvers, doors, partitions, skylights, and on building fronts, walls, ceilings and tables, whether the materials are set in wood, stone, cement, or metal of all types.

The work falling within the occupational title of work description includes:

1. The installing of mirrors of all types;

2. The marking of an outline or pattern on glass and cut glass with a glasscutter;

3. The breaking off of excess glass by hand or with a notched tool;

4. The fastening of glass panes into wood sash with glazier’s points, and the spreading smooth of putty around the edge of panes with a knife to seal joints;

5. The installing of metal window and door frames into which glass panels are to be fitted or sliding windows. The bolting of metal hinges, handles, locks, and other hardware to prefabricated glass doors;

6. The installing of mirror or structural glass on building fronts, walls, ceilings or tables, using mastic, screws, or decorative moulding;

7. The installing of metal-framed glass enclosures for showers, bathtubs, and skylights; and 8. The installing, cutting, and removal of all window glass, plate, and all other types of glass, including structural glass, mirror glass, tempered and laminated glass, safety or protection glass, all types of insulating glass units, all plastics or other similar materials when used in place of glass and when set or glazed with putty, molding rubber, cement, lead, and all types of mastic, or other materials used in place of same;

(J) Ironworker—Applies to workers who perform work in connection with field fabrication, erection, or both, installation, removal, wrecking, and dismantling of structural, architectural, and reinforcing iron and steel, ornamental lead, bronze, brass, copper, and aluminum, and plastics or other materials when used in place of them. The work description includes:

1. Structural. The unloading, erecting, bolting-up, plumbing-up, welding, and installing of structural steel, including any field fabrication;

2. Reinforcing. The unloading, carrying, placing, and tying of all concrete reinforcing, such as re-bar, wire mesh, expanded metal or post tensioning cable (including the tension process) or prestress cables when installed on the job site;

3. Rigging. The unloading, moving, handling, placing, and setting of electrical machinery and equipment when rigging or power equipment, or both, is used (with the exception of setting of electric motors). The assembly and erection of radio and television and other structural steel towers (with the exception of electrical transmission towers).

The unloading, handling, moving, and placing of machinery to be assembled or dismantled, erected, or installed to its approximate position (over the anchor bolts);

4. Windows. The installation of metal windows (with the exception of store fronts display windows), curtain walls, and metal panels. The caulking of metal-to-metal joints and metal-to-brick;

5. Doors. The erection of curtain type doors (overhead rolling-type doors), heavy industrial doors when made of metal, fire doors, and exterior metal hinged doors that carry a fire underwriters label are erected by iron workers;

6. Sheeting and decking. The installation of sheeting which is attached to metal framework including metal floor decking;

7. Metal buildings. The erection and installation of structural steel and sheet metal packaged buildings when they come in a package unit, such as Butler, Delta, Varco Prudent ,or other name brand packaged buildings. The installation of all doors, windows , and insulation (when installed in conjunction with sheeting) in the packaged buildings. The installation of metal siding and metal roof decking, regardless of the fastening method or the object to which it is fastened;

8. Elevators. The installation of elevator doors for gates manually operated and all elevator enclosures, fronts, fascias, sills, frames, and bucks;

9. Precast. The unloading and installation/erection of precast bridge girders, single T’s, double T’s, top panels, and tilt-up slabs;

10. Other. The installation of all catwalks, stairways, and hand rails made of aluminum, bronze, or any type of metal, glass or plastic. The installation of ornamental iron, such as revolving doors, gates, handrails, window grills, jail and cell work, and chain link fences. The installation of dry storage bins, hoppers, chutes, and conveyors where sand ore, coal, or any dry component is stored or transferred. The erection, installation, removal, wrecking, and dismantling of bridges, viaducts, cableways, tramway, monorail trans portation systems. The erection, installation, removal, wrecking, and dismantling of locks, gates, metal forms, railings (including pipe). The erection, installation, removal, wrecking, and dismantling of frames in support of boilers. The installation of metal siding and metal roof decking, regardless of the fastening method, or the object to which it is fastened. The handling, burning, welding, and tying of all materials used to reinforce concrete structures. The installation and erection of TV and microwave towers, self-supporting towers, or guy towers. The installation of metal guardrails with metal posts and highway signage;

(K) General Laborer (including first semiskilled laborer and second semi-skilled laborer)—Consists of providing routine manual labor. This work encompasses several subclassifications, with the title and work description considered in light of whether the public works project pertains to building construction or heavy/highway construction.

1. Building construction. The subtitles description for laborer, as applicable to building construction, are as follows:

A. Laborer. The work falling within this subtitle of work description includes:

(I) Being included in one (1) of the following categories: flagmen, heaters, material plant man, carpenter tender, landscaper, signalman, wrecker (old/new structures), form handler, or posthole digger;

(II) Cleaning and clearing of all debris for all crafts, loading and unloading, conveying, distributing, construction material by hand and collecting and hoisting debris, backfilling, grading, and landscaping by hand;

(III) Covering of tanks, structures, and material piles with tarpaulins or other materials. Cleaning of masonry and other type walls and windows. Signaling and hoisting concrete buckets and for all other material handled by workers falling within the occupational title of work description for laborer;

(IV) Providing drinking water.

Handling and cleaning of concrete chutes.

Cleaning of concrete spills and chipping where hand tools are required. Performance of work necessary in remedying defects in concrete caused by leakage, bulging, sagging, or shifting of forms when finishing tools are not used. Jackhammer and paving breaker, air compressors, motor buggies, pumps (removal of water), except set-up men and nozzle men, chipping tool operator, concrete mixer operator (up to and including two- (2-) bag capacity); and (V) Laying nonpressurized pipe for downspout drain lines, header lines, or laying of nonpressurized conduit, or a combination of these, for the carrying of storm water, waste, sewage, gravity flow lines, catch basins and manholes, effluent lines, originating outside the building and all those lines originating inside the building at the first Y, T, or connection outside the building;

B. First semiskill laborer. The work falling within this subtitle of work description includes: hod-carriers, plasterers, and cement mason tenders (who assist bricklayers, plasterers, and cement masons). The mixing, packing, wheeling, and tempering of mortar and fire clay. The mixing, handling and conveying of all other materials used by bricklayers, plasterers, and cement masons (for example, brick, tile, stone and cast stone), whether done by hand or using a forklift (walk behind or similar types). Building of scaffolds, trestles, boxes, and swinging staging for bricklayers, plasterers, and cement masons; and C. Second semiskill laborer. The work falling within this subtitle of work description includes: concrete pump set-up men and nozzle men, tile layers and bottom men, on sewers and drains, cutting torch, and burning bar (demolition), trench, or pier holes twelve feet (12') or over, wagon drill, air track or any mechanical drill, powder man, tamper, one hundred pounds (100 lbs.) or over, laborers working for mechanical and electric contractors (including but not limited to digging of all trenches, ditches, holes, paving of concrete, and cleaning of all trash), 10CODE OF STATE REGULATIONS paving breaker, jackhammer and vibrator, laser beam man for sewer, grade checker for roads and railroads, asbestos removal (except mechanical systems that are not being scrapped and any type of roofing where the roof is to be relaid), hazardous waste removal, disposal work, or any combination of these.

2. Heavy/highway construction. The subtitle falling within the occupational title of work description for general laborer, as applicable to heavy/highway construction, are as follows:

A. Laborer. The work falling within this subtitle of work description includes: carpenters tenders, salamander tenders, dump man, ticket takers, flagman, loading trucks under bins, hoppers and conveyors, track men, cement handler, dump man on earth fill, Georgia buggie man, material batch hopper man, spreader on asphalt machine, material mixer man (except on man holes), coffer dams, riprap pavers—rock, block, or brick, signal man for materials handled by laborers, scaffolds over ten feet (10') not self-supported from ground up, skipman on concrete paving, wire mesh setters on concrete paving, work in connection with nonpressurized pipelines, such as nonpressured sewer, water, gas, gasoline, oil, drainage pipe, conduit pipe, tile, and duct lines and other nonpressurized pipelines; power tool operator; work performed by hand in connection with hydraulic or general dredging operations, form setters (curb and gutter), puddlers (paving only), straw blower nozzleman, asphalt plant platform man, chuck tender, crusher feeder, men handling creosote ties or creosote materials, men working with and handling epoxy material(s), topper of standing trees, feeder man on wood pulverizers, board and willow mat weavers and cable tiers on river work, deck hands, guardrail and temporary signs, pile dike and revetment work, all laborers working on underground tunnels less than twenty-five feet (25') where compressed air is not used, abutment and pier hole men working six feet (6') or more below ground, men working in coffer dams for bridge piers and footings in the river, Barca tamper, Jackson or any other similar tamp, cutting torch man, liners, curb, gutters, ditchliners, hot mastic kettleman, hot tar applicator, hand blade operators and mortar men on brick or block manholes, rubbing concrete, air tool operator under sixty-five pounds (65 lbs.), caulker and led man, chain or concrete saw under fifteen horsepower (15 HP). The unloading, handling, and carrying of concrete reinforcing bars, by hand, to the areas in which they are used, wrecking, stripping, dismantling, cleaning, moving, and oiling of all concrete forms; digging and laying sewer tile; and B. Skilled laborer. The work falling within this subtitle of work description includes: vibrator man, asphalt raker, head pipe layer on sewer work, batterboard man on pipe and ditch work, cliff scalers working from Bosun’s chairs, scaffolds, or platforms on dams or power plants over ten feet (10') high, air tool operator over sixty-five pounds (65 lbs.), stringline man on concrete paving and the like, sandblast man, laser beam man, wagon drill, churn drill, air track drill, and all other similar type drills, jackhammers, and other pneumatic hammers and tampers, Gunite nozzle man, pressure grout man, screed man on asphalt, concrete saw fifteen (15) HP and over, grade checker, stringline man on electronic grade control, manhole builder, dynamite man, powder man, welder, tunnel man waterblaster—one thousand pounds per square inch (1000 psi) over, asbestos (except mechanical systems that are not being scrapped), hazardous waste removal, disposal, or any combination of these;

(L) Mason (which shall include marble mason, marble finisher, terrazzo worker, terrazzo finisher, tile setter, and tile finisher).

1. Marble Mason-Terazzo Worker—The work description for Marble Mason-Terazzo Worker includes:

A. The installing of marble, mosaic, venetian enamel, and terrazzo; the cutting and assembling of mosaics and art ceramics; the casting of all terrazzo on the job site; all rolling of terrazzo work;

B. The preparing, cutting, layering, or setting of metal, composition, or wooden strips and grounds on all bedding above concrete floors or walls; and the laying and cutting of metal, strips, lath, or other reinforcement, where used in terrazzo work;

C. The installing of cement terrazzo, magnesite terrazzo, dex-o-tex terrazzo, epoxy matrix terrazzo, exposed aggregate. Rustic or rough wash of exterior or interior of buildings. The mixturing or applying of any other kind of mixtures of plastics composed of chips or granules of marble, granite, blue stone, enamel, mother of pearl, quartz ceramic colored quartz, and all other kinds of chips or granules when mixed with cement, rubber, neoprene, vinyl, magnesium chloride, or any other resinous or chemical substances used for seamless flooring systems.

The applying of binding materials when used on walls, floors, ceilings, stairs, saddles, or any other part of the interior or exterior of the building, or other work not considered a part of the building such as fountains, swimming pools;

D. The finishing of cement floors where additional aggregate of stone is added by spreading or sprinkling on top of the finished base and troweled or rolled into the finish and then the surface ground by grinding machines (When no additional stone aggregate is added to the finished mixture, even though the surface may be ground, the work falls within the occupational title of work description for cement masons.); and E. The carving, cutting, and setting of all marble, slate, including slate backboards, stone, albereen, carrara, sanionyx, vitrolite, and similar opaque glass, scaglioa, marbleithic, and all artificial, imitation, or case marble of whatever thickness or dimension. This shall apply to all interior work, such as sanitary, decorative, and other purposes inside of buildings of every description wherever required, including all polish, honed, or sand finish.

2. Marble Finisher—The work falling within the occupational title of work description for Marble Finisher includes:

A. The preparation of floors and/or related methods to prepare surface for Marble Mason installation of construction materials on floor and/or walls; the movement of marble installation materials, tools, machines, and work devices to work areas; the erection of scaffolding and related installation structures;

B. The movement of marble slabs for installation; the drilling of holes and the chiseling of channels in edges of marble slabs to install wall anchors, using power drill and chisel; the securing of marble anchors to studding, using and covering ends of anchors with plaster to secure anchors in place;

C. The supply and mixture of construction materials for Marble Mason; the mixture of grout, as required, following standard formulas and using manual or machine mixing methods; the application of grout to installed marble; the movement of mixed mortar or plaster to installation area, manually or using wheelbarrow;

D. The removal of excess grout, using wet sponge; the cleaning of installed marble surfaces, work and storage areas, installation tools, machinery, and work aids, using water and cleaning agents;

E. The modification of mixing, material moving, grouting, polishing, and cleaning metal pieces, using a torch, spatula, and heat sensitive adhesive and filler;

F. The removal of marble installation materials and related debris from immediate work area; the storing of marble, installation material tools, machines, and related items;

G. The provision of assistance to Marble Mason with the following tasks: bending or forming of wire to form metal anchors, using pliers; inserting anchors into holes of marble slab; securing anchors in place with wooden stakes and plaster; selecting marble slab for installation following numbered sequences or drawings; grinding and polishing marble, using abrasives, chemical and/or manual, in machine grinding and/or polishing techniques, under Marble Mason’s direction; the moving and positioning of marble.

3. Terrazzo Finisher—The work falling within the occupational title of work description for Terrazzo Finisher includes:

A. The preparation of floors and/or related methods to prepare surface for Terrazzo Worker installation of construction materials on floors, base, and/or walls; the moving of terrazzo installation materials, tools, machines, and work devices to area, manually or using wheelbarrow;

B. The supply and mixture of construction materials for Terrazzo Worker; the preparation, mixture by hand, mixture by mixing machine, or transportation of premixed materials and the distribution with shovel, rake, hoe, or pail, of all kinds of concrete foundations necessary for mosaic and terrazzo work; the dumping of mixed materials that form base or top surface of terrazzo into prepared installation site, using wheelbarrow; the measuring of designated amounts of ingredients for terrazzo or grout, using graduated containers and scale, following standard formulas and specifications, and the loading of portable mixer using proper means of transport; the mixture of materials according to experience and requests from Terrazzo Worker;

C. The spreading of marble chips or other material over fresh terrazzo surface and the pressing of the material into terrazzo by use of a roller; the application of grout finishes to surfaces of installed terrazzo; the spreading of grout across terrazzo to finish surface imperfections, using trowel; the installation of grinding stones in power grinders, using hand tools; the fine grinding and polishing of the surface of terrazzo, when grout has set, using power grinders; the application of curing agent to installed terrazzo to promote even curing, using brush or sprayer; the cutting of grooves in terrazzo stairs, using power grinder, and the filling of grooves with nonskid material;

D. The modification of mixing, grouting, grinding, and cleaning position and the securing of moisture membrane and wire mesh prior to pouring base materials for terrazzo installation;

E. The washing of the surface of polished terrazzo, using cleaner and water, and the application of sealer, according to manufacturer specifications, using brush; the cleaning of the installation site, and storage areas, tools, machines, and equipment; the removal of Terrazzo Worker materials and related debris from immediate work area; and F. The provision of assistance to Terrazzo Worker with the following tasks: grinding surfaces of cured terrazzo; using power grinders.

4. Tile Setter—The work falling within Tile Setter includes:

A. The application of tile to floors, walls, ceilings, stair treads, promenade roof decks, garden walks, swimming pools, and all places where tiles may be used to form a finished surface for practical use, sanitary finish, or decorative purpose. (Tile includes all burned clay products, as used in the tile industry, either glazed or unglazed, all composition materials; all substitute materials in single units up to and including, fifteen inches by twenty inches by two inches (15" × 20"× 2") (except quarry tiles larger than nine inches by eleven inches (9" × 11")) and all mixtures in the form of cement, plastics, and metals that are used as a finished surface.);

B. The cutting and shaping of tile with saws, tile cutters, and biters; and C. The positioning of tile and tapping it with a trowel handle to affix tile to plaster or adhesive base.

5. Tile Finisher—The work falling within the occupational title of work description for Tile Finisher includes:

A. The preparation of floors and/or related methods for Tile Setter to install construction materials on floors and walls; the movement of tiles, tile setting tools, and work devices from storage area to installation site manually or using wheelbarrow;

B. The supply and mixture of materials for Tile Setter; the supply and mixture of construction materials for Tile Setter; the mixture of mortar and grout accordingly to standard formulas and request from Tile Setter using bucket, water hose, spatulas, and portable mixer; the modification of mixing, grouting, grinding, and cleaning procedures according to type of installation or material used; the supply to Tile Setter of mortar, using wheelbarrow and shovel; the application of grout between joints of installed tile, using grouting trowel; the application of grout; the cutting of installed tile;

C. The removal of excess grout from tile joints with a sponge and scraping of corners and crevices with a trowel; the application of caulk, sealers, acid, steam, or related agents to caulk, seal, or clean installed tile, using various application devices and equipment;

D. The wiping of surfaces of tile after grouting to remove grout residue and polish tile, using non-abrasive materials; the removal of Tile Setter materials and related debris from immediate work area; the cleaning of installation site, mixing and storage tools, and equipment, using water and various cleaning tools; the storing of tile setting material machines, tools, and equipment; and E. The provision of assistance to Tile Setter to secure position of metal lath, wire mesh, felt paper, Dur/rock or wonderboard prior to installation of tile;

(M) Operating Engineer (which shall include operating engineer group I, operating engineer group II, operating engineer group III, operating engineer group III-A, operating engineer group IV, and operating engineer group V)—Applies to workers who perform work description for operating engineer/portable and hoisting operator, monitor, and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically, or any poweroperated equipment. This occupational title encompasses several subclassifications, with the title and work description considered in light of whether the public works project pertains to building construction or heavy/highway construction.

1. Building construction. The subtitles description for operating engineer, as applicable to building construction, are as follows:

A. Group I—This subtitle applies to ment set forth as follows: crane (for example, crawler or truck); dragline—clam shell—gradall; Derrick (all types); kimmer scoop; power shovel or backhoe over one (1) cubic yard; pile driver (for example, land or floating); Whirley; mechanic and welder; hydraulic, self-propelled crane; stinger or cherry picker crane; switch boat; concrete portable plant/concrete mixer paver; cableways;

B. Group II—This subtitle applies to ment set forth as follows: asphalt paver and spreader/concrete spreader; asphalt plant mixer operators; asphalt plant operator; backfillers; back hoe (under one (1) cubic yard); Barber-Green loader (similar type); blade—power, all types; boats—power; boilers; boring machine (all types, including tunnel boring); brooms—power operated (all types); concrete saw (self-propelled); chip spreader (front man); clef plane operators; combination concrete hoist and mixer such as mix or mobile; crab—power operated; crusher rock; ditching machine; dozer/dredges;

12CODE OF STATE REGULATIONS finishing machine; firemen on rigs; flex plane; floating machine; form grader; greaser; hoist operator (all types); hopper—power operated; hydra hammer (all types);

Lad-A-Vator—similar type; loaders—all types, including skid-steer (for example, Bobcat); locomotives (all types); curb finishing machine; mucking machine; orange peels; pumps (all types); push cats; rollers (all types); scoops (all types except skimmer scoop); self-propelled rotary drill; air compressors (all types); side boom; siphons, jets, and jennies; welding machine; subgrader; testhole machine; throttle man tractors over fifty (50) HP; air tugger with air compressor; anchor placing barge; Ahoy force feeder loader (self-propelled); bull float; pipe cleaning/wrapping machine; conveyor; heaters, fuel fired with forced air; quadtrack; tie tamper; vibrating machine; well drilling machine; forklift (except masonry forklift);

C. Group III—This subtitle applies to ment set forth as follows: tractors (under fifty (50) HP); distributor (bituminous); scissor lift; small machine (operator); mud jack; wench truck operator; pug mill operator; elevator-push button; A-frame truck; mixers; oilers;

D. Group III-A—This subtitle applies to workers who operate, monitor, and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, ment set forth as a masonry forklift;

E. Group IV—This subtitle applies to ment set forth as a self-propelled floor sweeper; and F. Group V—This subtitle applies to ment set forth as follows: elevator—auto; air pressure oiler; air pressure engineer.

2. Heavy/highway construction. The subtitles falling within the occupational title of work description for operating engineer, as applicable to heavy/highway construction, are as follows:

A. Group I—This subtitle applies to ment set forth as follows: asphalt finishing machine and trench; widening spreader; asphalt plant console operator; autograder; automatic slipform paver; backhoe; blade operator (all types); boat operator (all types); boilers—two (2); central mix concrete plant operator; clamshell operator; concrete mixer paver; crane operator; Derrick or Derrick trucks; ditching machine; dozer operator; dragline operator; dredge booster pump; dredge engineman; dredge operator; drill cat with compressor mounted on cat; drilling or boring machine rotary self-propelled; highloader includ ing skid steer (for example, Bobcat); hoisting engine—two (2) active drums; launchhammer wheel; locomotive opera tor—standard gauge; mechanics and welders; mucking machine; piledriver operator; Pitman crane operator; push cat operator; quadtrack; scoop operator—all types; shovel operator; sideboom cats; skimmer scoop operator; trenching machine operator; truck crane;

B. Group II—This subtitle applies to ment set forth as follows: A-frame truck; asphalt hot mix silo; asphalt plant fireman, drum or boiler; asphalt plant mixer operator; asphalt plant man; asphalt roller operator; backfiller operator; Barber-Greene loader; chip spreader; concrete mixer operator, skip loader; concrete plant operator; concrete pump operator; crusher operator; dredge oiler; elevating grader operator; forklift; greaser—fleet; hoisting engine—one (1); locomotive operator—narrow gauge; multiple compactor; pavement breaker; power broom—self-propelled; power shield; rooter; side discharge concrete spreader; slip form finishing machine; stumpcutter machine; throttle man; tractor operator—over fifty (50)

HP; winch truck;

C. Group III—This subtitle applies to ment set forth as follows: boilers—one (1); chip spreader (front man); churn drill operator; clef plane operator; concrete saw operator self-propelled; curb finishing machine; distributor operator; finishing machine operator; flex plane operator; float operator; form grader operator; pugmill operator; roller operator, other than high-type asphalt; screening and washing plant operator; siphons and jets; subgrading machine operator; spreader box operator, self-propelled (not asphalt); tank car heater operator—combination boiler and booster; tractor operator fifty (50) HP or less;

Ulmac, Ulric, or similar spreader; vibrating machine operator, not hand;

D. Group IV—This subtitle applies to ment set forth as an oiler or oiler-driver (fireman—rig; maintenance operator);

(N) Outside- lineman, lineman operator, groundman, lineman tree trimmer, groundman tree trimmer, and any combination thereof.

1. Outside-lineman—Applies to workers who erect and repair transmission poles (whether built of wood, metal, or other material), fabricated metal transmission towers, outdoor substations, switch racks, or similar electrical structures, electric cables, and related auxiliary equipment for high-voltage transmission and distribution powerlines used to conduct energy between generating stations, substations, and consumers. The work (overhead and underground) falling within this occupational title of work description A. Construction, repair, or dismantling of all overhead and underground electrical installations. The handling and operation of all equipment used to transport men, tools, and materials to and from the job site. The framing, trenching, digging, and backfilling of vaults, holes and poles, and anchors (by hand or mechanical equipment), guying, fastening to the stub-in on concrete footings or pads, assembling of the grillage, grounding of all structures, stringing overhead wire, installing underground wire, splicing, and installation of transformers;

B. Construction and repair of highway and street lighting and traffic signal systems, cathodic protection systems, and ball field lighting systems;

2. Lineman operator—Operates equipment used on the outside line portion of a project. The lineman operator assists linemen in the performance of their work but does not climb or work out of any type of aerial lift equipment. The lineman operator does not perform any work that requires the use of hand tools;

3. Groundman—Work performed on the ground to assist the journeymen outside line construction/lineman on work not energized.

Groundmen use jack hammers, air drills, shovels, picks, tamps, trenching equipment, and other such tools for excavating and/or compacting dirt or rock on the outside line portion of a project but do not use hand tools;

4. Lineman tree trimmer—Trimming and removal of trees, stumps, limbs, brush, and other related tasks in and around electrical systems by use of chainsaws, pruners, pole saws, and hand saws only when specifically required to provide clearance and rightof-way preparation for installation of overhead or underground high-voltage electric utility lines, and excluding the clearance of right-of-ways related to heavy-highway construction or other public projects not directly related to the installation of electrical utility lines. Lineman tree trimmer work may be performed on the ground and in the air; and 5. Groundman tree trimmer—Assists the lineman tree trimmer in the performance of their work using rakes, chainsaws, chippers, and industrial mowers in and around electrical systems only when specifically required to provide clearance and right-of-way preparation for installation of overhead or underground high-voltage electric utility lines, and excluding the clearance of right-of-ways related to heavy-highway construction or other public projects not directly related to the installation of electrical utility lines.

Groundman tree trimmer work is only performed on the ground;

(O) Painter—The work falling within the painter includes:

1. Preparation of surfaces. The washing, cleaning, pointing, and taping of drywall, regardless of material used, and smoothing of surfaces, using sandpaper, brushes, or steel wool. The removal of old paint or other coatings from surfaces, using paint remover, scraper, wire brushing, sandblasting, water blasting, liquid steam, or by any other similar process. The filling of nail holes, cracks, and joints with putty, plaster, or other fillers;

2. Color matching and mixing. The application of paint, varnish, stain, enamel, lacquer, vinyl, wallpaper, and other materials of whatever kind of quality applied to walls or ceilings with paste or adhesive, using brushes, spray gun (spray painter), or paint rollers. The application of polyurethane elastomers, vinyl plastics, neoprene, resin, polyester, and epoxy as waterproofing or protective coatings to any kind of surface (except roofs) when applied with brushes, spray guns, or rollers;

3. Texturing and decorating. The erecting of scaffolding or setting up of ladders to perform the work above ground level. The paperhanging of walls and ceilings with decorative wall coverings made of fabric, vinyl, or paper. The preparing of the surface to be covered by applying sizing, which seals the surface and makes the covering stick better.

The removal of the old covering by soaking, steaming, or applying solvents. The patching of holes and other imperfections before applying the new wall covering. The measuring of the area to be covered; the cutting of the covering into strips of the proper size, the checking of the covering for flaws and the examination of the pattern so it can be matched when the strips are hung. The preparation of paste or other adhesives according to manufacturers’ directions, and the brushing or rolling it on the covering. The placing of the strips on the wall or ceiling, to match adjacent patterns. The smoothing of the strips to remove bubbles and wrinkles; the trimming of the top and bottom with a razor blade; and the painting or taping of highway striping, or both; and 4. Cleanup. The cleanup of tools and equipment required in connection with work falling within this occupational title;

(P) Plumber (which shall include pipe fitter).

1. General Plumber—Applies to workers who install and repair domestic potable water lines, gravity waste disposal systems inside the curb or fence lines, plumbing fixtures such as: bathtubs, sinks, and toilets— and appliances such as, dishwashers and water heaters. The work falling within the plumber includes:

A. Assembling and installing piping systems, fixtures and equipment for the transportation of domestic water and sewage.

Piping systems installed in structures (for example, buildings, industrial plants) to the first Y, T, or connection located outside the B. Cutting, threading, and bending pipe. Joining pipes by use of screws, bolts, fittings, solder, welding brazing, and caulking or any other method of making joints in the plumbing industry;

C. Assembling, installing, and repairing valves, pipe fittings, and pumps. Testing the piping system. Installing and repairing plumbing fixtures, such as sinks, bathtubs, water heaters, and water softeners; and D. Cutting holes in floors and walls for pipes with point and hammer, core drill, or both.

2. Pipe Fitter—Applies to workers who fabricate, install, and repair piping systems to include: water and waste processing systems; heating and air-conditioning systems, pneumatic controls, and pneumatic delivery systems; powerhouse and all pressurized piping systems; gas, oxygen systems; gasoline systems not for public sale. The work falling within this occupational title of work description includes:

A. Piping systems installed in structures (for example, buildings, industrial plants, and the like);

B. Cutting, threading, and bending pipe. Joining pipes by use of screws, bolts, fittings, solder, welding, and caulking, or any other method of making joints in the pipefitting industry;

C. Assembling, installing, and repairing valves, pipe fittings, and pumps. Testing the piping system. Cutting holes in floors and walls for pipes with point and hammer, coredrill, or both;

D. Installing of distribution lines (for example, water mains, sewer mains, oil and gas lines);

E. Welding of steel pipe joints and joining pipes with screws, bolts, fittings, solder, caulking, or any other method for making joints in the industry; and F. Joining ductile iron and plastic pipes by using any method for making joints in the industry, when the pipe will be under pressure;

(Q) Roofer—Applies to workers who apply and install any and all types of roofing materials, other than sheet metal. The work falling within this occupational title of work description includes:

1. The installation of slate and tile and all substitute materials taking the place of slate and tile used for roofing including flat or promenade slate, with necessary metal flashing to make water-tight;

2. The cementing in, on, or around slate and tile roofs. The laying of felt or paper beneath the slate and tile. The dressing, punch ing, and cutting of all roof slate or tile either by hand or machinery;

3. The installation of all forms of plastic, slate, slag, gravel; asphalt and composition roofing; rock asphalt mastic when used for damp and waterproofing; prepared paper; compressed paper and chemically prepared paper, and burlap with or without coating.

The installation of all damp resisting preparations regardless of the method of application in or outside of building. The installation of damp courses, sheeting, or coating on foundation work and tarred roofs. The laying of the tile or brick, when laid in asphalt or pitch tar;

4. The installation and application of new materials used in roofing, water-proofing, encapsulation, and containment process including all forms of elastomeric or plastic (elastoplastic), or both, roofing systems, both sheet and liquid applied, whether single-ply or multi-ply. The installation of aggregates or stone, used as a ballast for inverted roofing membrane assembly, or roof of similar construction where insulation is laid over the roofing membrane. The sealing and caulking of seams and joints on these elastoplastic systems to insure water-tightness. The applying of liquid-type elastoplastic preparation for roofing, damp, or waterproofing when applied with a squeegee, trowel, roller, or spray equipment whether applied inside or outside of a building. The priming of surfaces to be roofed, damp, or waterproofed, whether done by roller, mop, swab, three- (3-) knot brush, or spray systems. The waterproofing of all types of preformed panels;

5. The application of all types of spray-in-place such as urethane or polyurethane, and the coatings that are 14CODE OF STATE REGULATIONS applied over them;

6. The application of roof insulation, when the insulation material is applied as an integral part of the roofing system, whether the insulation material is applied as the first, last, or any other layer in between;

7. The operation and servicing of all kettles, bulk tankers, stationary heating tankers, and other types of equipment and tools used to accomplish this work (including heating systems for the operation of the equipment); and compressors for applying roofing material components, roof and mop carts, hydraulics, tools and equipment, be it hand or power, needed to apply waterproofing, insulated, and roofing materials;

8. The handling, hoisting, and storing of all roofing, damp, and waterproofing materials; and 9. The tear-off, removal, or both, of any type of roofing, all spudding, sweeping, vacuuming, cleanup, or a combination of these, of any areas of any type where a roof is to be relayed;

(R) Sheet Metal Worker—The work falling within the occupational title of sheet metal worker includes:

1. The handling, conditioning, assembling, installing, servicing, repairing, altering, and dismantling of the duct work for the heating, ventilation, and air-conditioning systems regardless of the materials used and the setting of all equipment and all supports and reinforcements in connection with the system;

2. The installation of expansion and discharge valves, air filters, and water filters in heating, ventilation, and air-conditioning systems;

3. The testing and balancing of air-handling equipment and duct work;

4. The forming, rolling, drawing, stamping, or pressing of sheet metal shingles, sheet metal tile, sheet metal brick, sheet metal stone, and sheet metal lumber, when specified for use as roofing, siding, waterproofing, weather proofing, fire proofing, or for ornamental or any other purpose;

5. The performing of sheet metal work specified for use in connection with or incidental to steeples, domes, minarets, look outs, dormers, louvers, ridges, copings, roofing, decking, hips, valleys, gutters, outlets, roof flanges, flashings, gravel stops, leader heads, down spouts, mansards, balustrades, skylights, cornice moulding, columns, capitals, panels, pilasters, mullions, spandrils, and any and all other shapes, forms and design of sheet metal work specified for use for waterproofing, weatherproofing, fire proofing, ornamental, decorative, or display purposes, or as trim on exterior of the buildings;

6. The installing of sheet metal ceilings with cornices and mouldings of plain, ornamental, enameled, glazed, or acoustic type;

7. The installing of side walls, wainscoting of plain, ornamental, enameled, or glazed types, including sheet metal tile;

8. The application of all necessary wood or metal furring, plastic, or other materials, to which they are directly applied;

9. The performing of sheet-metal work specified for use in connection with or incidental to direct, indirect, or other types of heating, ventilating, air-conditioning, and cooling systems (including risers, stacks, ducts, S strips, fittings, dampers, casings, recess boxes, outlets, radiator enclosures, exhausts, ventilators, frames, grisses, louvers, registers, cabinets, fans, and motors);

10. The air washers, filters, air brushes, housings, air-conditioning chambers;

11. The setting and hanging of air-conditioning units, unit heaters or air-veyor systems, and air handling systems regardless of material used;

12. The assembling and setting up of all cast iron parts, warm air furnace, all stoker, gas, and oil burner equipment used in connection with warm air heating, all sheet metal hoods, casings, wall stacks, smoke pipes, truck lines, cold air intake, air chambers, vent pipes, frames, registers, dampers, and

regulation devices;

13. The installing of equipment utilized in the operation of kitchens including ranges, canopies, steam tables, work tables, dishwashers, coffee urns, soda fountains, warming closets, sinks, drainboards, garbage chutes, incinerators, and refrigerators;

14. The installing of tubing, pipes, and fittings, used in connection with or incidental to coppersmithing work. The installation of fume hoods, metal toilet partitions, metal lockers, plain metal shelving; and 15. The handling, moving, hoisting, and storing of all sheet metal materials on the job site, where power equipment and rigging are (S) Sprinkler Fitter—Applies to workers who perform the installation, adjustments, and corrections, repair, and dismantling of all fire protection and fire control systems and the installation of all fire piping for tubing, appurtenances, and equipment. The work falling within the occupational title includes:

The handling and installation of all piping and appurtenances pertaining to sprinkler equipment, including both overhead and underground water mains, fire hydrants and hydrant mains, standpipes, and hose connections to the sprinkler systems, sprinkler tank heaters, air lines and thermal systems used in connection with sprinkler and alarm systems, tank and pump connections, and fire protection systems using mulsifyre, spray, water, fog, carbon dioxide (CO ), gas and foam and dry chemical systems; and (T) Truck Driver (which shall include truck control service driver, truck driver group I, truck driver group II, truck driver group III, and truck driver group IV)—The workers who perform work falling within the truck driver includes the operation, repair, and servicing of the following mechanical equipment. This occupational title encompasses several subclassifications, with the title and work description considered in light of whether the public works project pertains to building construction or heavy/highway construction.

1. Building construction. The subtitles description for truck driver, as applicable to building construction, are as follows:

A. Truck control service driver – Applies to workers who perform work including:

(I) The delivery, installation, and pickup of traffic control devices;

(II) The unloading and installation of barricades, plastic channelizer drums, safety cones, and temporary flashing lights not to exceed one hundred fifteen (115) volts;

(III) Regular periodic inspections to assure that traffic control devices are clean, clearly visible, and properly positioned. Inspection and maintenance includes replacing batteries and bulbs in lights, cleaning reflective material and lenses, and repairing or replacing damaged or missing devices when incidental to and part of a public works (IV) Removal of all traffic control devices by loading them on a truck and driving them to a storage yard where they are unloaded;

B. Group I—This subtitle applies to single axle, station wagons, pick-up trucks, material trucks single axle, tank wagon single axle;

C. Group II—This subtitle applies to vice the following equipment: agitator and transit mix-trucks;

D. Group III—This subtitle applies to tandem axle, articulated dump trucks, material trucks tandem axle, tank wagon tandem axle; and E. Group IV—This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil, and ser vice the following equipment: semi and/or pole trailers, winch, fork and steel trucks, distributor drivers and operators, tank wagon semi-trailer, Insley wagons, dumpsters, halftracks, speedace, euclids, and other similar equipment, A-frame and Derrick trucks, float or low boy, and boom truck.

2. Heavy/highway construction. The subtitles falling within the occupational title work description for truck driver, as applicable to heavy/highway construction, are as follows:

A. Truck control service driver – Applies to workers who perform work including:

(I) The delivery, installation, and pickup of traffic control devices;

(II) The unloading and installation of barricades, plastic channelizer drums, safety cones, and temporary flashing lights not to exceed one hundred fifteen (115) volts;

(III) Regular periodic inspections to assure that traffic control devices are clean, clearly visible, and properly positioned. Inspection and maintenance includes replacing batteries and bulbs in lights, cleaning reflective material and lenses, and repairing or replacing damaged or missing devices when incidental to and part of a public works (IV) Removal of all traffic control devices by loading them on a truck and driving them to a storage yard where they are unloaded;

B. Group I—This subtitle applies to single axle, station wagons, pick-up trucks, material trucks single axle, tank wagon single axle;

C. Group II—This subtitle applies to vice the following equipment: agitator and transit mix-trucks;

D. Group III—This subtitle applies to tandem axle, articulated dump trucks, material trucks tandem axle, tank wagon tandem axle; and E. Group IV—This subtitle applies to vice the following equipment: semi-and/or pole trailers, winch, fork and steel trucks, distributor drivers and operators, tank wagon semi-trailer, Insley wagons, dumpsters, halftracks, speedace, euclids, and other similar equipment, A-frame and Derrick trucks, float or low boy, and boom truck.

Amended: Filed Aug. 13, 1996, effective Feb. 28, 1997. Amended: Filed Jan. 22, 1997, effective Sept. 30, 1997. Amended: Filed June 17, 2004, effective Dec. 30, 2004.

Amended: Filed Aug. 19, 2010, effective Feb. 28, 2011. Amended: Filed Aug. 9, 2012, effective Feb. 28, 2013. Emergency amendment filed Nov. 7, 2014, effective Nov. 17, 2014, expired May 15, 2015. Amended: Filed Nov. 7, 2014, effective April 30, 2015. Emergency 16CODE OF STATE REGULATIONS

History

• AUTHORITY: section 290.240.2., RSMo Supp. 2018. Original rule filed Sept. 15, 1992, effective May 6, 1993. Emer gency amendment filed April 30, 1993, effective May 10, 1993, expired Aug. 28, 1993.

Chapter 4 Minimum Wage and Overtime Rules

8 CSR 30-4.010 Applicability and Definitions {#sec-8-csr-30-4.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-4.010}

PURPOSE: This rule sets forth the applicability of the Missouri Minimum Wage Law and certain definitions of terms used in this

chapter.

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) Applicability—Except as provided in sections 290.500 to 290.530, RSMo, and any rules promulgated thereunder, the department, in interpreting and enforcing the Missouri Minimum Wage Law, will follow the written regulations established by the United States Department of Labor pertaining to the Fair Labor Standards Act, which are incorporated by reference. This rule incorporates the regulations published in the Federal Register, 29 CFR Chapter V, as last amended on December 16, 2004, and does not include any subsequent amendments or additions. A copy of the regulations is available at the United States Department of Labor, Frances Perkins Building, 200 Constitution Ave. NW, Washington, DC 20210, or at the Division of Labor Standards, 3315 W. Truman Blvd., Jefferson City, MO 65109.

(2) As used in 8 CSR 30-4.010–8 CSR 30- 4.060, unless the context clearly indicates otherwise, the following terms mean:

(A) Complainant—an individual filing an administrative complaint with the director under the Missouri Minimum Wage Law; and (B) Tipped employee—any employee who regularly and customarily receives and retains compensation in the form of gratuities in addition to wages.

Filed Aug. 15, 2008, effective March 30, 2009. Amended: Filed June 19, 2018, effective Jan. 30, 2019. 290.515, RSMo 1990, amended 2006; 290.517, RSMo 1990, amended 2006; and 290.523, RSMo 2008.

History

• AUTHORITY: sections 290.512, 290.515, 290.517, and 290.523, RSMo 2016. Original rule filed July 22, 1992, effective Feb. 26, 1993. Amended: Filed Oct. 8, 2003, effective April 30, 2004. Rescinded and readopted:

8 CSR 30-4.020 Minimum Wage Rates {#sec-8-csr-30-4.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-4.020}

PURPOSE: This rule describes the minimum wage rates to be paid to certain qualifying employees, describes generally the allowance of gratuities as a credit toward payment of the minimum wage, and describes how a workweek is calculated.

(1) Subject to the requirements of sections 290.500 to 290.530, RSMo, at least the minimum wage shall be paid for all hours worked, regardless of the frequency of payment and regardless of whether the wage is paid on an hourly, salaried, commissioned, or any other

basis. If, in any workweek, the total wages earned by an employee is less than the applicable minimum wage rate for the total hours worked, the employer shall pay the difference between the total wages earned and the amount required to equal the minimum wage for the total hours worked in the workweek as required under the minimum wage law.

(2) The workweek is the seven (7)-day period that is the basis for determining an employee’s hourly earnings. Once established, an employer shall not change or manipulate an employee’s workweek to evade the requirements of the Missouri Minimum Wage Law.

(3) Hourly wages, tips, gratuities, and commissions are counted in the workweek in which the hourly wage, tip, gratuity, or commission is earned to determine if an employee earned at least the minimum wage rate.

Amended: Filed Oct. 8, 2003, effective April 30, 2004. Rescinded and readopted: Filed Aug. 15, 2008, effective March 30, 2009.

Amended: Filed June 19, 2018, effective Jan. 30, 2019. 290.515, RSMo 1990, amended 2006; and 290.523, RSMo 2008.

History

• AUTHORITY: sections 290.512, 290.515, and 290.523, RSMo 2016. Original rule filed July 22, 1992, effective Feb. 26, 1993.

8 CSR 30-4.030 Training Wage for Learners and Apprentices {#sec-8-csr-30-4.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-4.030}

(Rescinded March 30, 2009)

Amended: Filed March 27, 2000, effective Oct. 30, 2000. Rescinded: Filed Aug. 15, 2008, effective March 30, 2009.

History

• AUTHORITY: sections 290.512, 290.515, and 290.517, RSMo Supp. 1994. Original rule filed July 22, 1992, effective Feb. 26, 1993.

8 CSR 30-4.040 Subminimum Wage Rates for the Physically or Mentally Impaired {#sec-8-csr-30-4.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-4.040}

PURPOSE: This rule provides for the establishment of subminimum wages to be paid to persons whose earning capacity is reduced due to a physical or mental impairment.

(1) The director may provide for employment at a subminimum wage rate if it is deemed necessary to prevent curtailment of opportunities for employment of the physically or mentally impaired.

(2) A public hearing for the purpose of establishing a subminimum wage rate for any occupation may be held by the director on his/her own motion, or at the request of an interested person.

(3) Employees affected by a proposed subminimum wage will be given reasonable notice of the public hearing and will be given the opportunity to submit oral or prepared written testimony concerning, but not limited to, the following:

(A) The need for a subminimum wage rate; and (B) Recommendations as to the appropriate level of wages to be set as the subminimum wage for the occupation(s) being considered.

(4) Subminimum wage rates that are to be considered by the director will be duly approved by filing a Notice of Proposed Rulemaking and a subsequent Order of Rulemaking with the secretary of state as provided for state agencies under Chapter 536, RSMo.

Filed Aug. 15, 2008, effective March 30, 2009. Amended: Filed June 19, 2018, effective Jan. 30, 2019. *Original authority: 290.515, RSMo 1990, amended 2006 and 290.523, RSMo 2008.

JOHNR. ASHCROFT(12/31/18)

History

• AUTHORITY: sections 290.515 and 290.523, RSMo 2016. Original rule filed July 22, 1992, effective Feb. 26, 1993. Amended:

8 CSR 30-4.050 Valuation of Goods and Services {#sec-8-csr-30-4.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-4.050}

PURPOSE: This rule provides for the valuation of those types of goods and services which may be received by the employee and credited by the employer in payment of the minimum wage.

(1) The fair market value of meals, lodging, and other goods and services may be deducted by the employer as a credit toward the payment of the minimum wage to the employee so long as the meals, lodging, and other goods and services are voluntarily received by the employee for the private benefit of the employee.

(2) The following is an illustrative, but not exhaustive, listing of goods and services which are not considered to be for the private benefit of the employee and whose fair market value may not be deducted by the employer as a credit toward the payment of the minimum wage to the employee:

(A) Tools;

(B) Equipment;

(C) Uniforms, including, but not limited to, garments such as suits, dresses, aprons, and all other garments whatsoever as worn by the employees as a condition of employment.

This apparel of a similar design, color, or material, or forming part of the decorative pattern of the establishment or distinguishing the employee as an employee of the concern is presumed to be worn as a condition of employment;

(D) Laundry or cleaning of uniforms;

(E) Maintenance of tools, equipment, or uniforms;

(F) Breakage or loss of tools, equipment, or uniforms;

(G) Any other item required by the employer to be worn or used by the employee as a condition of employment; and (H) Transportation furnished to the employee where that transportation is an incident of and necessary to the employment, such as travel costs of railroad maintenanceof-way workers.

(3) The following is an illustrative, but not exhaustive, listing of goods and services which are considered to be for the private benefit of the employee and whose fair market value may be deducted by the employer as a credit toward the payment of the minimum wage to the employee:

(A) Meals;

(B) Lodging;

(C) Tuition furnished by a college to its studentemployees;

(D) Merchandise furnished at company stores and commissaries;

(E) Fuel (including coal, kerosene, firewood, and lumber slabs);

(F) Electricity, water, and gas furnished for the noncommercial personal use of the employee; and (G) Transportation furnished to employees between their homes and work, where the transportation is not necessary to the employment.

Amended: Filed June 19, 2018, effective Jan. 30, 2019. 290.515, RSMo 1990, amended 2006; and 290.517, RSMo 1990, amended 2006.

History

• AUTHORITY: sections 290.512, 290.515, and 290.517, RSMo 2016. Original rule filed July 22, 1992, effective Feb. 26, 1993.

8 CSR 30-4.060 Administrative Complaints; Notices Issued by the Director {#sec-8-csr-30-4.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-4.060}

PURPOSE: This rule establishes requirements for the filing of administrative minimum wage complaints.

(1) An individual who believes that he or she has not been paid the required minimum wage may file a complaint on a form prescribed by the department. The department will not accept anonymous or third-party complaints.

A complaint form can be obtained by accessing the department’s website at labor.mo.gov or by contacting the Division of Labor Standards by phone at (573) 751-3403.

(2) Upon completion of the department’s investigation, the parties will be notified of the department’s findings.

(3) Any employer wishing to establish a training rate for learners and apprentices as permitted by section 290.517, RSMo, shall provide a written request to the director stating the classification of workers it desires to be designated as learners or apprentices. Upon such notice and in the discretion of the director, a hearing will be held consistent with section 290.517, RSMo.

Filed June 19, 2018, effective Jan. 30, 2019. *Original authority: 290.517, RSMo 1990, amended 2006 and 290.523, RSMo 2008.

4CODE OF STATE REGULATIONS

(12/31/18) JOHNR. ASHCROFT

AND INDUSTRIAL RELATIONS

History

• AUTHORITY: sections 290.517 and 290.523, RSMo 2016. Original rule filed Aug. 15, 2008, effective March 30, 2009. Amended:

Chapter 5 Prevailing Wage Arbitration

8 CSR 30-5.010 Filing for Arbitration {#sec-8-csr-30-5.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-5.010}

PURPOSE: This rule establishes the procedures for filing for arbitration under Missouri’s Prevailing Wage Law.

(1) An employer shall have forty-five (45) days from the date of notice of penalty for violations of sections 290.210 to 290.340, RSMo, to dispute the notice of penalty.

Upon receipt of the written notice of dispute from the employer, the department shall notify the employer of its right to arbitration.

Within ten (10) days of an employer’s notification of the right to arbitration, an employer that wishes to arbitrate the matter shall submit to the department a Request for Arbitration (Request) along with any filing fees required by the arbitration service provider.

Request for Arbitration forms may be obtained by contacting the Division of Labor Standards. The date of submission of a Request is the date the Request is postmarked or the date the department receives the Request by facsimile. Within ten (10) days of the department’s receipt of a request under this rule, the department shall mail a copy of the Request along with the department’s guidelines for arbitration to the American Association of Arbitration (AAA) or other arbitration service provider if the other arbitration service provider is mutually agreed to by the parties. Included in this information shall be the department’s criteria for arbitrators relating to residence and cost per hour.

(2) The arbitration service provider shall promptly submit simultaneously to each party participating in the arbitration an identical list of names of seven (7) persons chosen from a panel of fifty (50) arbitrators that meet the geographic, cost and other criteria set by the department. Choosing the arbitrator from the list of seven (7) shall be done in conformance with standard AAA procedures or other arbitration procedures if the other procedures are mutually agreed to by the parties.

(3) No person shall serve as an arbitrator in any arbitration under these rules in which that person has any past or existing financial or personal interest in the result of the arbitration. Any prospective or designated arbitrator shall immediately disclose to the arbitration service provider any circumstance likely to affect impartiality, including any bias or financial or personal interest in the result of the arbitration. Such disclosure shall also include conflicts of interest that might arise after the arbitration process has already started. Upon the arbitrator service provider’s receipt of any circumstance likely to affect impartiality from the arbitrator or another source, the arbitration service provider shall communicate the circumstance to the parties. Upon objection of a party to the continued service of an arbitrator, the arbitration service provider shall, after consultation with the parties, determine whether the arbitrator should be disqualified and shall inform the parties of its decision, which shall be conclusive.

(4) For any filing or notice deadlines associated with arbitration under this rule that fall on Saturday, Sunday, or a legal holiday, the filing or notice shall be deemed timely if accomplished on the next day which is neither a Saturday, Sunday, nor a legal holiday.

2008. Original rule filed July 19, 2007, effec-

8 CSR 30-5.020 Hearing Procedures for Arbitration {#sec-8-csr-30-5.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-5.020}

PURPOSE: This rule establishes the arbitration procedures to be used under Missouri’s Prevailing Wage Law.

(1) Date, Time and Site for Arbitration Hearing. All arbitration hearings shall be held in Jefferson City unless otherwise agreed to by the parties. The parties shall respond to requests for hearing dates from the arbitration service provider within ten (10) days of receipt. Upon the request of either party or the arbitration service provider, the arbitrator shall have the authority to convene a scheduling conference call and/or issue a Notice of Hearing setting the date, time and place for hearing.

(2) Notice of Hearing. The arbitrator shall issue to both parties a written Notice of Hearing detailing the arrangements agreed to by the parties or ordered by the arbitrator at least ten (10) days before the hearing date, unless otherwise agreed to by the parties.

(3) Postponement or Cancellation. The arbitrator, for good cause shown, may postpone or cancel the hearing upon the request of a party or upon his or her own initiative. The parties can also agree to a postponement or cancellation of a hearing. Any postponement or cancellation fees owed to the arbitration service provider and/or the arbitrator shall be paid by the party requesting a postponement or cancellation. If the parties agree to a postponement or cancellation of a hearing, the postponement or cancellation fee shall be divided evenly between the parties. In the event of a cancellation of the arbitration after the commencement of the arbitration hearing, all fees owed to the arbitrator for services rendered shall be paid by the party requesting the cancellation. If an employer resolves the matter after requesting arbitration but prior to an arbitrator’s award, such resolution shall be considered a cancellation of the arbitration and the employer shall pay all fees owed to the arbitrator for services rendered.

(4) Costs. Unless otherwise provided in this

rule or by Missouri law, each party shall be responsible for paying all costs associated with presenting its case before the arbitrator.

All filing fees shall be paid in accordance with the guidelines of American Association of Arbitration (AAA) or other arbitration service provider mutually agreed to by the parties.

All administrative fees billed by the arbitration service provider shall be divided evenly between the parties. All costs billed by the arbitrator shall be divided evenly between the parties unless otherwise provided for in 8 CSR 30-5.030(2) and (3) and/or sections (3) and (4) of this rule.

(5) Commencement of Hearing. A hearing shall be opened by the following actions:

(A) Administration of the oath to all parties by the arbitrator; and (B) Recording of the date, time and place of the hearing and the presence of the arbitrator, the parties, and counsel, if any.

(6) Evidence.

(A) The parties may offer such evidence as is relevant and material to the dispute and shall produce such additional evidence as the arbitrator may deem necessary to reach an understanding and determination of the dispute. An arbitrator can subpoena any witnesses and any documents upon the request of any party. If a party, or any person or organization within the control of a party, fails to obey a subpoena of an arbitrator, the arbitrator shall treat the evidence requested but not produced as establishing an inference favorable to the position of the party who subpoenaed the item, subject to the opposing party’s right to seek an order in Circuit Court quashing or limiting the scope of the subpoena. In the event a party fails to comply with a subpoena, the requesting party may seek to enforce the subpoena in Circuit Court. The arbitrator shall make all decisions regarding the relevance and materiality of the evidence offered and conformity to legal rules of any evidence shall not be necessary. All of the evidence shall be taken in the presence of the arbitrator and all the parties except where any of the parties is absent in default or has waived the right to be present.

(B) All documents that are not filed with the arbitrator before or at the hearing, but arranged at the hearing or subsequently by agreement of the parties to be submitted, shall be filed with the arbitration service provider for transmission to the arbitrator or transmitted to the arbitrator directly if the parties agree. All parties shall be able to inspect the documents and object to their relevance and materiality to the dispute prior to the arbitrator making a determination of their relevance and materiality.

(7) Exhibits. The arbitrator may receive into evidence exhibits offered by the parties. The names and addresses of all witnesses and exhibits in order received shall be made part of the record. The arbitrator shall afford each party equal opportunity for the presentation of relevant proofs. Final determinations of relevance shall be made by the arbitrator.

(8) Witnesses. Each party shall provide to the opposing party and the arbitrator a list of witnesses that it intends to call to testify or provide written statements. Such list shall be provided to the opposing party and arbitrator at least two (2) business days prior to the hearing. At the discretion of the arbitrator, failure to do so may result in the party’s forfeiture of its right to call the witness. If a party wants to add persons to its witness list within two (2) business days of the hearing or at the hearing, the arbitrator may permit the witness to testify if the arbitrator finds it to be in the interest of fairness and relevant.

(9) Recording and Transcripts. All hearings shall be tape-recorded. The tape-recording shall be retained by the arbitrator for a period in concurrence with the statute of limitations for an employee to bring a private action for the recovery of wages. Either party may request a written transcript at any time within this period, and the requesting party will bear the cost of the transcript, unless otherwise agreed by the parties.

(10) Communication with the Arbitrator.

There shall be no direct communication between the parties and the arbitrator on substantive matters relating to the case other than at oral hearings, unless the parties and the arbitrator agree otherwise. Any other oral or written communication from the parties to the arbitrator shall be directed to the arbitration service provider for transmittal to the arbitrator.

(11) Closing the Hearing. The arbitrator shall inquire of all parties whether they have any additional exhibits or witnesses to present.

The arbitrator shall afford each party the opportunity to present an oral closing statement. Once both parties indicate that they have no more evidence to present or the arbitrator determines that all necessary relevant and non-duplicative evidence has been presented and the record is complete, the arbitrator shall declare the hearing to be closed.

If briefs or other documents are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for filing with the arbitration service provider or directly with the arbitrator. The time limit within which the arbitrator is required to make an award shall begin to run, in the absence of another agreement by the parties, on the closing date of the hearing.

2008. Original rule filed July 19, 2007, effec-

8 CSR 30-5.030 Awards by the Arbitrator {#sec-8-csr-30-5.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-5.030}

PURPOSE: This rule establishes guidelines as to when an arbitrator’s award must be rendered and the form in which it must be rendered, the result of a resolution of the controversy prior to an arbitrator’s award, the release of arbitration documents for judicial proceedings and a party’s recourse for an arbitrator’s failure to follow 8 CSR 30-5.010 through 8 CSR 30-5.030.

(1) Time of Determination.

(A) The arbitrator shall issue the arbitration award promptly and, unless otherwise agreed to by the parties, no later than thirty (30) days from the date of closing the hearings or no later than thirty (30) days after receipt by the arbitrator of the briefs and any attached exhibits. All awards made by the arbitrator are final and binding.

(B) The determination shall be deemed to be rendered on the date it is postmarked or otherwise transmitted to the parties by the arbitrator, whether by regular mail or electronically. Decisions cannot be rendered by telephone.

(C) If a determination is transmitted electronically or by facsimile, the arbitrator shall promptly deliver an original to the parties.

(2) Form of the Arbitration Award. The arbitration award shall be in writing and shall be signed by the arbitrator. A party shall advise the arbitrator in writing, by no later than the conclusion of the hearing, whenever it would like the arbitrator to accompany the arbitration award with an opinion explaining the reasoning for the award. All costs incurred as a result of the opinion shall be paid by the party who requested the opinion. If both parties request the opinion, all costs incurred as a result of the opinion shall be divided evenly between the parties.

(3) Resolution Prior to Arbitrator’s Award. If at any time prior to the arbitrator rendering an award in the matter the employer pays the back wages as determined by the department, the matter shall be deemed resolved and the proceedings shall conclude. All costs shall be paid in accordance with 8 CSR 30- 5.020(3) and (4) and section (2) of this rule.

(4) Release of Documents for Judicial Proceedings. The arbitrator shall, upon the written request of a party, furnish such party, at the requesting party’s expense, copies certified by his or her original signature to be authentic replications of any papers in the arbitrator’s possession that may be required in judicial proceedings relating to arbitration.

(5) Failure to Comply with Determination of Arbitrator. If the employer fails to pay all wages due as determined by the arbitrator within forty-five (45) days following the date the arbitrator’s award is rendered, or if the employer fails to exercise the right to seek 4CODE OF STATE REGULATIONS (1/30/08) ROBINCARNAHAN INDUSTRIAL RELATIONSDivision 30—Division of Labor Standards arbitration, the department may then pursue an enforcement action to enforce the monetary penalty provisions of 290.250.1, RSMo.

If the court orders payment of the penalties as prescribed in 290.250.1, RSMo, the department shall be entitled to recover its actual cost of enforcement from such penalty amount.

2008. Original rule filed July 19, 2007, effec-

Chapter 6 Authorized Minimum Wage Based on Physical or Mental Disabilities

8 CSR 30-6.010 Reduction in Minimum Wage Based on Physical or Mental Disabilities {#sec-8-csr-30-6.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 30-6.010}

PURPOSE: This rule authorizes a reduction in the hourly wage rate for persons employed in St. Louis County through the Summer Work Experience Program operated by Jobs, Employment, and Supported Services due to physical or mental disabilities that curtail their job opportunities.

Following consideration of evidence presented at a public hearing, the Department of Labor and Industrial Relations authorizes payment to persons employed in St. Louis County through the Summer Work Experience Program (SWEP), operated by Jobs, Employment, and Supported Services, of hourly wages of ninety cents ($0.90) per hour less than the wage rate applicable under Missouri’s Minimum Wage Law, sections 290.500 to 290.530, RSMo. This authorization is based upon the physical or mental disabilities of the individuals employed through SWEP in St. Louis County that have resulted in their impaired earning capacity and curtailed employment opportunities, as established by unchallenged evidence presented at the hearing. The reduction established in this regulation is made with due regard to the department’s duty to safeguard the wage rate applicable under Missouri’s Minimum Wage Law.

JOHNR. ASHCROFT(12/31/18)

History

• AUTHORITY: section 290.515, RSMo 2016. Emergency rule filed June 1, 2009, effective June 11, 2009, expired Dec. 7, 2009. Original rule filed June 1, 2009, effective Nov. 30, 2009. Amended: Filed June 19, 2018, effective Jan. 30, 2019. Original authority: 290.515, RSMo 1990, amended 2006.

Division 40 State Board of Mediation

Chapter 1 Organization and Description

8 CSR 40-1.010 General Organization {#sec-8-csr-40-1.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-1.010}

PURPOSE: The purpose of this regulation is to comply with section 536.023, RSMo which requires each agency to adopt as a rule a description of its operation and the methods where the public may obtain information or make submissions or requests.

(1) The State Board of Mediation is an agency of the Department of Labor and Industrial Relations.

(A) The board decides issues as to appropriate bargaining units and majority representative status for public employees in the state.

(B) The board mediates labor disputes in the area of public utilities between employers and employees as to hours, wages and working conditions.

(C) The public may obtain information or make submissions or requests to the State Board of Mediation, PO Box 2071, Jefferson City, MO 65102, telephone (573) 751-3614.

Filed March 1, 2022, effective Oct. 30, 2022. *Original authority: 295.070, RSMo 1947.

History

• AUTHORITY: section 295.070, RSMo 2016. Original rule filed Aug. 30, 1976, effective Dec. 11, 1976. Amended: Filed June 17, 1998, effective Jan. 30, 1999. Amended:

Chapter 2 General Rules

8 CSR 40-2.020 Petitions for Certification or Decertification {#sec-8-csr-40-2.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.020}

(Rescinded October 30, 2022) ..3 RELATIONS

8 CSR 40-2.010 Definitions {#sec-8-csr-40-2.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.010}

PURPOSE: This rule sets out definitions used in the rules of the State Board of Mediation.

(1) The following definitions are listed to clarify the terminology applicable to these rules unless otherwise specifically provided or unless plainly repugnant to the intent of the law or the context:

(A) Board means the Missouri State Board of Mediation;

(B) Chair means the chief administrator of the State Board of Mediation or an officer designated by the chair to act on the chair’s behalf in instances when the chief administrator cannot perform his or her duties;

(C) Certification means the designation by the board of an employee organization selected as the majority representative of employees through an election in an appropriate bargaining unit;

(D) Officer means any member, counsel, election officer, chair, or any other individual or employee specifically designated as an officer of the board to act on the board’s behalf. The board may delegate to such officer all of the powers conferred upon the board in connection with the discharge of the duties so delegated;

(E) Party means any person, employee, group of employees, organization, or public employer filing a petition, request or application under these rules; any person, organization, or public employer named as a party in a complaint, request, application, or petition filed under these rules; any incumbent majority representative; or any other person, organization, or public employer whose intervention in a proceeding has been permitted or directed by the board, but nothing in this rule shall be construed to prevent the board or any designated officer from limiting any party’s participation in the proceedings to the extent of his/her interest;

(F) Showing of interest means a designated percentage of employees as determined by the board who have provided signatures indicating the desire to have or not to have a named employee organization as a representative; and (G) Voluntary recognition means an employer has recognized an employee organization as the majority representative of an appropriate unit of its employees. The granting of such recognition is at the discretion of the employer and has been granted outside the authority of the State Board of Mediation and the certification process.

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, Oct. 30, 2022. Amended: Filed Jan. 12, 2023, effective July 30, 2023.

8 CSR 40-2.020 Petitions for Certification or Decertification Oct. 30, 2022. {#sec-8-csr-40-2.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.020}

8 CSR 40-2.025 Practice by a Licensed Attorney, When Required {#sec-8-csr-40-2.025 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.025}

PURPOSE: This rule states when and how a party must be represented by a licensed attorney.

(1) Any individual may present that individual’s own case without a licensed attorney.

(2) Only a licensed attorney may represent any other person, including a corporation, limited liability company, or other legal entity. All petitions filed with the State Board of Mediation must be filed by a licensed attorney. The filing of the petition shall be deemed an entry of appearance. An attorney must provide his/her bar number when filing the petition. An attorney not authorized to practice in Missouri shall enter an appearance in accordance with Missouri Supreme Court Rules.

March 1, 2022, effective Oct. 30, 2022.

8 CSR 40-2.030 Contents of Petitions {#sec-8-csr-40-2.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.030}

PURPOSE: This rule describes the contents of petitions.

(1) All petitions shall be submitted through the board’s website and shall contain substantially the following:

(A) Name, address, telephone number, and electronic mail address of the public employer and the person to contact including his/her title, if known;

(B) A description of the bargaining unit at issue. Such description shall indicate the general classifications of employees and the approximate number of employees in the bargaining unit;

(C) Date of the request for recognition as majority representative and date such request was declined by the public employer or a statement that no reply has been received;

(D) Name, address, electronic mail address, and telephone number of the voluntarily recognized or certified exclusive representative, if any, and the date of such certification and the expiration date of any applicable contract, if known to the petitioner;

(E) Names, addresses, electronic mail addresses, and telephone numbers of any other interested employee organizations, if known to the petitioner;

(F) Any other relevant facts;

(G) Name and affiliation, if any, of the petitioner and its address, electronic mail address, and telephone number;

(H) The signature of the petitioner’s representative, including his/her title, telephone number, electronic mail address, and facsimile number; and (I) A petition for certification or decertification shall be accompanied by a showing of interest as defined in 8 CSR 40- 2.010(1)(F) of not less than thirty percent (30%) of the employees in the unit alleged to be appropriate to be approved by the board. Such showing of interest shall be dated not more than six (6) months prior to filing the petition.

(2) A petition for certification or decertification filed by a public employer shall state that a claim for representation has been made by one (1) or more public employees, groups of public employees, individuals, or employee organizations and that the public employer has a good faith doubt concerning the majority representative of its employees.

(3) In addition to the requirements above, all petitions for decertification shall additionally include a statement that the employees in the collective bargaining unit no longer wish to be represented by their currently certified representative.

(A) If the decertification petition is submitted by a third party having a legitimate interest, the third party must also file a petition of intervention pursuant to section 8 CSR 40-2.130.

(4) Petition for Unit Clarification and Amendment of Certification may be filed by the majority representative of the public employees or the employer. A Petition for Unit Clarification may be filed when the petitioner(s) seeks clarification of the placement of certain job classifications in a bargaining unit previously certified by the board. A Petition for Amendment of Certification may be filed when the petitioner seeks an amendment to reflect changed circumstances (such as merger or affiliation) in a unit covered by a certification and where no question concerning representation exists. In addition to the requirements of 8 CSR 40-2.030(1), Petitions for Unit Clarification and Petitions for Amendment of Certification shall include:

(A) The proposed clarification of the unit or amendment of certification; and (B) A statement by the petitioner setting forth reasons as to why clarification or amendment is requested.

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, Oct. 30, 2022.

8 CSR 40-2.040 Contents of Petition for Decertification Oct. 30, 2022. {#sec-8-csr-40-2.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.040}

8 CSR 40-2.050 Petition for Unit Clarification Oct. 30, 2022. {#sec-8-csr-40-2.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.050}

8 CSR 40-2.055 Petition for Amendment of Certification {#sec-8-csr-40-2.055 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.055}

History

• AUTHORITY: section 295.070, RSMo 1994. Original rule filed May 3, 1999, effective Nov. 30, 1999. Rescinded: Filed March 1, 2022,

8 CSR 40-2.060 Number of Copies of Petition to be Filed 31, 1975, effective Jan. 10, 1976. Amended: Filed June 17, 1998, effective Jan. 30, 1999. Rescinded: Filed March 1, 2022, effective Oct. 30, 2022. {#sec-8-csr-40-2.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.060}

8 CSR 40-2.070 Validity of Showing of Interest {#sec-8-csr-40-2.070 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.070}

PURPOSE: This rule describes the validity of showing of interest.

(1) The showing of interest submitted pursuant to 8 CSR 40- 2.030 and 8 CSR 40-2.130 shall not be furnished to any of the parties. The chair shall determine the adequacy of the showing of interest and such decision shall not be subject to collateral attack at a preliminary conference or a hearing.

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, Oct. 30, 2022.

8 CSR 40-2.080 Processing of Petition {#sec-8-csr-40-2.080 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.080}

PURPOSE: This rule describes the processing of petition to determine the facts.

(1) Upon the filing of any petition, the chair shall investigate the petition to determine the facts. The chair shall determine whether or not a valid question concerning the representation of employees exists in a prima facie appropriate unit.

(2) A copy of all petitions filed with the board will automatically be sent to the opposing party if an electronic mailing address of the opposing party is provided on the petition.

(3) If no electronic mailing address is provided, it is the responsibility of the party filing the petition to serve the petition on all other parties.

History

• AUTHORITY: section 295.070, RSMo 2016. Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed March 1, 2022,

8 CSR 40-2.090 Withdrawal or Dismissal of Petition {#sec-8-csr-40-2.090 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.090}

PURPOSE: This rule describes why and when a petition may be withdrawn or dismissed.

(1) If the chair determines after an investigation that the petition has not been timely filed or that no valid question concerning the representation of employees exists in a prima facie appropriate unit, the chair may request the party filing such petition to withdraw the petition without prejudice or in the absence of such withdrawal, within a reasonable time, the chair may dismiss the petition. Such action may be taken by the chair at any time prior to the closing of the case.

History

• AUTHORITY: section 295.070, RSMo 2016. Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed March 1, 2022,

8 CSR 40-2.100 Initial Action {#sec-8-csr-40-2.100 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.100}

PURPOSE: This rule describes the initial action to be taken upon the filing of a petition.

(1) Upon the filing of any petition, the chair shall confer with and may hold informal conferences with the known interested parties in an attempt to ascertain the facts. Whenever the chair shall determine that the parties are unable to agree upon any fact or matter, and the chair is unable to settle the controversy without hearing, the board shall conduct a hearing to resolve such matters. Via email or written document, the chair shall notify the parties of the time and place of such a hearing at least ten (10) business days prior to the hearing, unless both parties mutually express to the chair a desire to hold the hearing on an earlier date.

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, Oct. 30, 2022. Amended: Filed Jan. 12, 2023, effective July 30, 2023.

8 CSR 40-2.110 Petition—Amendments or Withdrawal by Petitioning Party {#sec-8-csr-40-2.110 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.110}

PURPOSE: This rule states when a petition may be withdrawn or amended.

(1) At any time prior to issuance of a written notice of election for the purpose of resolving the issue of representation, a petitioning party may amend or withdraw its petition at the discretion of the petitioner or petitioner’s authorized officer.

History

• AUTHORITY: section 295.070, RSMo 1994. Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, effective Nov. 30, 1999. Original authority 295.070, RSMo 1947.

8 CSR 40-2.120 List of Employees {#sec-8-csr-40-2.120 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.120}

PURPOSE: This rule states that the public employer shall furnish the board with a list of employees.

(1) The public employer shall furnish to the board in an electronic format a current list of all employees in a proposed bargaining unit to determine the adequacy of a showing of interest. The list of employees must be submitted prior to or as a first order of business of any scheduled preliminary conference or hearing. The list remains the property of the employer.

If the list has not been provided to the board by the date designated, the chair or the board will determine the showing of interest using the estimated number of employees stated on the petition and the authorization signatures submitted by petitioner.

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, Oct. 30, 2022.

8 CSR 40-2.130 Intervention {#sec-8-csr-40-2.130 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.130}

PURPOSE: This rule describes who may intervene and the requirements needed to intervene.

(1) Any third party having a legitimate interest in any proceedings may file a petition of intervention setting forth facts sufficient to establish such interest and requesting that the board resolve contested factual matters in its favor. For purposes of third-party intervention, legitimate interest shall be determined by the board and any approved intervenor must be able to prove it is authorized to represent at least ten percent (10%) of the employees within a proposed bargaining unit. If the board determines intervenor has provided an adequate showing of interest pursuant to 8 CSR 40-2.070, all parties shall be notified of the determination prior to the start of any hearing. Any organization which has a signed, valid collective bargaining agreement encompassing the proposed bargaining unit, or any portion, shall be considered to have a legitimate interest in any proceedings upon presentation of same.

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, Oct. 30, 2022.

8 CSR 40-2.140 Hearings {#sec-8-csr-40-2.140 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.140}

PURPOSE: This rule describes the issuance of notice of hearing and the contents of notice. It also states the purpose of the hearing and the procedures to be followed at the hearing.

(1) The chair shall issue a notice of hearing if after the filing of a valid petition, the petitioner, the public employer, and all intervenors are unable to resolve the matter through an agreed-upon method of adjustment approved by the chair.

The chair has the discretion to determine the time, place, and means (physical appearance, telephonic, or electronic) of the hearing if the parties cannot mutually agree to the time, place, and means.

(2) A notice of hearing shall be served on all interested parties and shall be in writing and mailed or electronically transmitted at least ten (10) days before the hearing, unless otherwise agreed to by the chair and the parties. Such notice of hearing shall include— (A) A statement of the time, place, and nature of the hearing;

(B) The name of the public employer, petitioner and intervenors, if any; and (C) A statement of the legal authority and jurisdiction under which the hearing is to be held.

(3) Hearings under these rules are considered investigatory and not adversarial. Their purpose is to develop a full and complete factual record upon which the board may base a meaningful report and recommendation.

(4) Representation hearings and the procedures following such hearings shall be in accordance with these rules.

(5) Rights of parties are— (A) Any party shall have the right to appear at such hearing to call, examine, and cross-examine witnesses and to introduce into the record documentary or other relevant evidence, except that the participation of any party shall be limited to the extent permitted by the board; and provided further, that electronic copies of documentary evidence shall be submitted to the board and to the other parties involved in the hearing; and (B) The board at its discretion may require paper copies of documents and may permit the filing of paper documents.

(6) Rules of evidence are— (A) The parties shall not be bound by rules of evidence whether statutory, common law, or adopted by the rules of court;

(B) All relevant evidence is admissible, except as otherwise provided;

(C) The board, in its discretion, may exclude any evidence or offer of proof if they find that its probative value is substantially outweighed by the risk that its admission will either necessitate undue consumption of time or create substantial danger of undue prejudice or confusion;

(D) The board shall give effect to the rules of privilege recognized by law;

(E) Every party shall have a right to present his/her cause by oral and documentary evidence and to submit rebuttal evidence; and (F) Every party and the board shall have the right to examine and cross-examine as may be required for a full and true disclosure of the facts.

(7) A charging party in asserting a violation of these rules shall have the burden of proving the allegations of the charge by a preponderance of the evidence.

(8) Stipulation of Fact.

(A) In any proceeding an agreed statement of facts may be introduced into the record with respect to any issue.

(B) An agreed statement of facts may be accepted by the chair for a decision without a hearing.

(C) The acceptance of an agreed statement of facts by the chair may be deemed a waiver of a right to hearing.

(9) Objections to Conduct of Hearing.

(A) Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing accompanied by a short statement of the grounds for such objection and included in the record.

(B) No such objection shall be deemed waived by further participation in the hearing. Such objection shall not stay the conduct of the hearing.

(C) Automatic exceptions will be allowed to all adverse rulings.

(10) Motions Before or After Hearing.

(A) All motions, other than those made during a hearing, shall be made in writing to the chair, shall briefly state the relief sought, and shall be accompanied by affidavits setting forth the grounds for such motion.

(B) The moving party shall serve a copy of all motion papers on all other parties, and within three (3) days thereafter, excluding Saturdays, Sundays, and legal holidays, shall file with the chair the same with proof of service.

(C) Answering affidavits, if any, must be served on all parties and proof of service shall be filed with the chair within five (5) days, excluding Saturdays, Sundays, and legal holidays, after service unless the chair directs otherwise.

(D) The chair may decide to hear oral argument or to hear testimony thereon, in which case the chair shall notify the parties of such fact and of the time and place of such argument or for the taking of such testimony.

(E) All such motions, rulings and orders thereon shall be part of the record of the proceedings.

(11) Filing of Brief and Oral Argument at Hearing.

(A) Any party shall be entitled, upon request, to a reasonable period prior to the close of the hearing for oral argument, which shall be included in the official transcript of the hearing.

(B) At the discretion of the chair, the parties may be required to submit briefs within a reasonable time prior to the commencement of any hearing. The chair will determine a reasonable time by consulting both parties; however, the parties will receive a minimum of five (5) business days to prepare and file a required brief, unless all parties agree to a shorter amount of time. Any party shall be entitled, upon request made before the close of the hearing, to file a brief or proposed findings and conclusions, or both, with the board who may fix a reasonable time for such filing.

(C) Requests for further extensions of time shall be made to the chair and may be granted at the chair’s discretion.

(D) No request will be considered unless received at least three (3) days, excluding Saturdays, Sundays, and legal holidays, prior to the expiration of the time fixed for the filing of briefs or proposed findings and conclusions, unless expressly authorized by the chair.

(E) Notice of the request for any extension shall be served simultaneously on all other parties and proof of service shall be furnished.

(F) Any brief or proposed findings and conclusions shall be filed with the chair, and copies shall be served simultaneously on the other parties, and a statement of such service shall be furnished.

(12) At the discretion of the chair, the hearing may be continued from day-to-day, or adjourned to a later date or to a different place, by announcement at the hearing by the chair or by other appropriate notice.

(13) The board will provide a hearing reporter and may order that the hearing reporter make a transcript of a hearing. The hearing reporter shall file the transcript with the board. Any party may request a copy of the transcript from the board. Any costs or fees for the hearing reporter and transcript will be shared equally among the parties.

(A) Any party may move to correct the transcript no more than thirty (30) days after the hearing reporter files the transcript. The board on its own motion may order the hearing reporter to correct the transcript any time before the board finally disposes of the case.

History

• AUTHORITY: section 295.070, RSMo 2016. This version of rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed March 1, 2022, effective Oct. 30, 2022. Amended: Filed Jan. 12, 2023, effective July 30, 2023.

8 CSR 40-2.150 Notices of Election {#sec-8-csr-40-2.150 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.150}

PURPOSE: This rule describes the posting of notice of election, contents of notice of election and improper use of notice of (1) Appropriate notices of election shall be furnished to all interested parties, and shall be prominently posted by the public employer, no less than six (6) days, excluding Saturdays, Sundays, and legal holidays, prior to opening of the polls. Such notice shall contain— (A) The date, hours, and place or type of election;

(B) The eligibility period;

(C) The details and procedures for an election;

(D) The appropriate units; and (E) A sample ballot.

(2) The reproduction of any document purporting to be a copy of the board’s official ballot, other than one (1) completely unaltered in form and content and clearly marked “sample” on its face, which suggests either directly or indirectly to employees that the board endorses a particular choice, may constitute grounds for setting aside an election upon objections properly filed.

(3) The public employer shall furnish in an electronic format to the board and to the labor organization(s) participating in an election an alphabetized list including the names, work addresses, employer-issued electronic mailing addresses (if applicable), and job titles of all eligible voters in the unit as determined by the board. Additional information, including the employee’s home address, may be supplied upon the voluntary written consent of any employee. This list must be supplied to the board and to such labor organization(s) fourteen (14) working days prior to the election, excluding Saturdays, Sundays, and legal holidays. The list shall remain the property of the employer.

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed Oct. 4, 1979, effective Jan. 12, 1980. Amended: Filed May 3, 1999, effective Nov. 30, 1999. Amended: Filed March 1, 2022, effective Oct. 30, 2022.

Amended: Filed Jan. 12, 2023, effective July 30, 2023.

8 CSR 40-2.160 Election Procedure {#sec-8-csr-40-2.160 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.160}

PURPOSE: This rule describes the procedure to be followed in an (1) For in-person elections each of the interested parties may designate two (2) persons as observers at the polls, subject to such limitations as the chair may prescribe. Unless otherwise stipulated by the interested parties, observers must be nonsupervisory employees of the public employer.

(2) Any observer or the chair, for good cause, may challenge an employee’s eligibility to vote. If submitted on paper, challenged ballots shall be folded, placed in a sealed envelope with the name of the voter plainly written on the outside.

Challenged ballots will not be considered unless they might affect the results of the election, in which case the chair shall investigate and determine the eligibility to vote of the persons whose ballots are challenged. Challenged ballots which are disallowed will be destroyed. Challenged ballots which are allowed will be counted. The names of the persons whose ballots are challenged shall be made a part of the record of the election proceedings. Challenged ballots for mail-in or electronic elections must be made prior to delivery of the ballots to voters.

(3) All elections shall be by secret ballot and shall be conducted so as to ensure, to the satisfaction of the board, the security and privacy of each public employee’s vote. In addition to voting at the public body’s place of business, mail-in (including e-mail or electronic) voting shall be allowed at the discretion of the chair.

(4) Ballots may not be tallied until after the posted time for the closing of the polls unless all eligible voters have cast their ballots. Upon the conclusion of the election, the chair shall furnish the parties with a tally of the ballots.

(5) An organization shall be certified if it receives a majority of the votes cast.

(6) Within ten (10) days, excluding Saturdays, Sundays, and legal holidays, after the tally of ballots has been furnished, any party may file with the board objections to the conduct of the election or conduct affecting the results of the election, which shall contain a short statement of the reasons therefore. Such filing must be timely whether or not the challenged ballots are sufficient in number to affect the results of the election. Copies of such objections shall be served simultaneously on the other parties by the party filing them and a statement of service shall be made.

(7) If no objections are filed within the time set forth previously, and if the challenged ballots are insufficient in number to affect the result of the election, and if no runoff election is to be held, the chair shall forthwith issue to the parties a certification of the results of the election, including certification of representative, where appropriate.

(8) If objections are filed to the conduct of the election or conduct affecting the result of the election or if the challenged ballots are sufficient in number to affect the result of the election, the chair shall investigate such objections or challenges or both.

(9) Where objections are filed or challenges are determinative, the chair shall conduct an investigation and, where appropriate, shall issue a notice of hearing for the board to hear the matters alleged and to issue a report and recommendations. The objecting party shall bear the burden of proof regarding all matters alleged in the objections to the conduct of the election or conduct affecting the results of the election.

(10) When the certification of the results of the election is issued, any petition requiring the holding of an election in any bargaining unit or subdivision of the bargaining unit is prohibited until one (1) year has lapsed from the date of issuance. Petitions prohibited are those filed on behalf of a public employee, group of public employees, any individual or employee organization or the public employer.

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, Oct. 30, 2022.

8 CSR 40-2.170 Runoff Election {#sec-8-csr-40-2.170 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.170}

PURPOSE: This rule describes the requirements for a runoff (1) When the results of an election are inconclusive, the chair may conduct a runoff election without further order of the board. An inconclusive election is an election in which the ballot provides for not less than three (3) choices (that is, at least two (2) employee organizations and “neither”) and results in no choice receiving a majority of the valid ballots cast. Only one (1) runoff shall be held pursuant to this section, unless the board directs otherwise.

(2) The ballot in the runoff election shall provide for a selection among the two (2) or more choices receiving the largest number of votes, the sum of whose votes aggregate at least one (1) more than half of the total votes cast.

(A) Exception: Where, in the original election, all choices receive an equal number of votes, or where, two (2) choices having received an equal number of votes, a third choice receives a higher but less-than-majority vote, the chair should declare this election a nullity and conduct another (rerun) election with the same choices on the ballot. If the second election results in another such nullity, the petition should be dismissed; if the results of the second election require a runoff pursuant to the principles set forth in section (2), a runoff should be conducted.

(B) Further Exception: Where two (2) or more choices receive an equal number of votes, another receives no votes, there are no challenges, and all eligible voters have voted, neither a runoff nor a rerun election should be conducted. A certification of results should be issued.

(3) Employees who were eligible to vote in the original election and who are in an eligible category on the date of the runoff election shall be eligible to vote in the runoff election.

(4) Upon the conclusion of the runoff election, the provisions of

8 CSR 40-2.160 shall govern, insofar as applicable. {#sec-8-csr-40-2.160 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.160}

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, Oct. 30, 2022.

8 CSR 40-2.180 Agreement for Consent Election {#sec-8-csr-40-2.180 omnilex-key=us-mo-regs-official--title-8--8 CSR 40-2.180}

PURPOSE: This rule states that the parties may stipulate to an election and to the details of an election.

(1) Where one (1) or more employee organizations assert a claim to represent employees in an appropriate unit and a petition for certification of public employee representative or a petition for decertification of public employee representative has been filed, the parties may stipulate, subject to the approval of the chair, that a secret ballot election shall be conducted by the board among the employees in an appropriate bargaining unit to determine whether they desire to be represented for purposes of negotiations by any or none of the employee organizations involved. The parties to such proceeding shall be the public employer, the petitioner, the incumbent, if any, and any intervenors who shall have complied with the requirements set forth in 8 CSR 40-2.130.

(2) The parties shall stipulate as to the composition of the bargaining unit, the eligibility period for participation in the election, the dates, hours and places of the election and the designations on the ballot.

Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, Oct. 30, 2022.

Division 50 Division of Workers' Compensation

Chapter 1 Organization

8 CSR 50-1.010 Organization of Division of Workers’ Compensation {#sec-8-csr-50-1.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-1.010}

PURPOSE: This rule describes the purposes and functions of the Division of Workers’ Compensation as required by section 536.023, RSMo.

(1) The Workers’ Compensation Division of the Department of Labor and Industrial Relations administers the Workers’ Compensation Law, Chapter 287, RSMo to insure injured employees receive prompt and adequate medical treatment, payment of benefits of wage loss, compensation for permanent disability, and physical rehabilitation for the severely injured by providing assistance to injured workers, to include filing of claims and conducting hearings to resolve disputes between employers and employees relating to Workers’ Compensation benefits. The division also conducts hearings relating to medical fee disputes, tort victims’ compensation, crime victims compensation, and line of duty compensation benefits.

(2) The division maintains the following offices: Division of Workers’ Compensation, PO Box 58, Jefferson City, MO 65102 and branch offices located at 3102 Blattner Dr., Suite 101, Cape Girardeau, MO 63703; 3315 W. Truman Blvd., PO Box 58, Jefferson City, MO 65102; 3311 Texas Ave., Joplin, MO 64804; 1410 Genessee St., Suite 210, Kansas City, MO 64102; 525 Jules St., St. Joseph, MO 64501; 111 North 7th St., Room 250, St.

Louis, MO 63101; 1736 E. Sunshine, Suite 610, Springfield, MO 65804. Information concerning workers’ compensation may be obtained at these locations.

ROBINCARNAHAN(3/31/10)

History

• AUTHORITY: section 287.650, RSMo 2000. Original rule filed Dec. 19, 1975, effective Dec. 31, 1975. Amended: Filed Oct. 15, 2009, effective April 30, 2010. Original authority: 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995, 1998.

Chapter 2 Procedure

8 CSR 50-2.040 Notice and Acknowledgment of Right to Workers’ Compensation Benefits AND INDUSTRIAL RELATIONS Compensation {#sec-8-csr-50-2.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-2.040}

8 CSR 50-2.010 Procedures for Non-contested and Contested Workers’ Compensation Cases {#sec-8-csr-50-2.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-2.010}

PURPOSE: This rule sets forth the procedures relating to workers’ compensation injuries in noncontested and contested cases.

(1) Any injury which requires medical aid, other than immediate first aid with no lost time from the employment, shall be fully reported to the division, by the insurer or third-party administrator, as a Report of Injury (in accordance with section 287.380.1, RSMo). The employer, if selfadministered and self-insured, shall submit the Report of Injury. The Report of Injury may also be filed electronically with the approval of the division.

(A) Employers shall report injuries, other than immediate first aid with no lost time from the employment, to their insurance carrier, or third-party administrator, if applicable, within five (5) days of the date of the injury or within five (5) days of the date on which the injury was reported to the employer by the employee, whichever is later.

(B) Where the division has not received a Report of Injury and receives other notice of a work-related injury, the case may be referred for a dispute management meeting under section (4) of this rule. When a Claim for Compensation is filed, a party may not request a dispute management meeting.

(2) A report of medical costs and temporary benefits paid pursuant to sections 287.170 and 287.180, RSMo, shall be filed within thirty (30) days of the date of original notification of the injury. If medical treatment or temporary benefits will continue past thirty (30) days, a status report including estimated dates of completion of medical treatment and temporary benefits, shall be provided to the division at that time. A final report shall be filed on conclusion or termination of medical treatment and temporary benefits. A final medical report shall be filed with the final report.

(3) The employer/insurer shall notify the employee of the termination of benefits pursuant to section 287.203, RSMo, within ten (10) days of when such benefits were due, and shall provide the division with a copy of the notice.

(4) Any party may request a dispute management meeting with a mediator on issues of medical or temporary benefits. Any such meeting is voluntary and will be conducted according to section 435.104, RSMo 1994.

Any agreement regarding medical or temporary benefits shall be reduced to writing and signed by the parties. Any such agreement is to memorialize the understanding of the parties and is not binding as settlement of the benefits or rights of the employee. Venue for a dispute management meeting shall be in Jefferson City, or as may be determined by the division. When a Claim for Compensation is filed, a party may not request a dispute management meeting.

(5) Unless the parties otherwise agree, all hearings shall be held in the county, or in a city not part of any county, where the accident occurred, or in any county, or such city adjacent thereto, or if the accident occurred outside of the state, then the hearing shall be held in the county or city where the contract of employment was made.

(6) Any party, subject to the written procedures of the local adjudication office, may request a conference in any case filed with the division pursuant to section (1) of this

rule. The division may also set a case for a conference. The parties shall be notified of the time and place of the setting at least ten (10) days prior to the setting.

(7) The employee or the employee’s dependents may file a Claim for Compensation. In order that the place of setting may be determined, the county in which the accident occurred must be stated on the claim, and if the injury occurred outside of the state of Missouri, the name of the county in which the contract of employment was made must be stated. The claim shall be filed with sufficient copies for the division and each employer and insurer named, and the attorney general in case of a Second Injury Fund claim. The claim must be filed within the time prescribed by sections 287.430 or 287.440, RSMo, for accidental injuries, or

section 287.063.3, RSMo, for occupational disease. A claim against the Second Injury Fund must be asserted affirmatively by the claimant and cannot be made by any other party to the claim, on motion or otherwise.

Naming the state treasurer as a party is not, in itself, sufficient to make a claim against the fund. Injuries which are claimed to create fund liability must be specifically set forth in the Claim for Compensation.

(A) The filing of a claim initiates a contested case.

(B) A claim against an employer/insurer and the Second Injury Fund are against two (2) separate parties and the assertion of a claim against one is not an assertion of a claim against the other.

(8) Upon receipt of a Claim for Compensation, the division shall forward a copy of the claim to the employer and its insurer, or third-party administrator, if applicable, or Second Injury Fund, if applicable, and within thirty (30) days from the date of the division’s acknowledgment of the claim, the employer or its insurer, or third-party administrator, if applicable, or the Second Injury Fund, if applicable, shall file an Answer to Claim for Compensation, with sufficient copies for the division, the claimant(s) and each of his/her attorneys.

(A) Extensions of time to file an Answer to Claim for Compensation will be granted only upon a showing of good cause. Applications for an extension of time to answer the claim shall be made to the chief administrative law judge of the local office with venue of the case.

(B) Unless the Answer to Claim for Compensation is filed within thirty (30) days from the date the division acknowledges receipt of the claim or any extension previously granted, the statements of fact in the Claim for Compensation shall be deemed admitted for any further proceedings.

(9) When an Answer to Claim for Compensation has been filed, or the time to answer, including any extensions, has run, any party may request a setting according to the written procedures of the local adjudication office.

The division may also set a contested case for a prehearing. At the prehearing conference, a contested case may be reset for a prehearing conference, or set for a mediation or a hearing according to the written procedures of the local adjudication office.

(A) The local adjudication offices may, by written local procedures, require a mediation setting before a hearing will be set in a contested case. This mediation shall not be construed as the dispute management meeting held pursuant to section (4) of this rule.

(B) Any mediation in a contested case shall be conducted according to 8 CSR 50-2.050.

ROBINCARNAHAN(1/29/07)

(C) The parties shall be notified of the date, time and place of any setting at least ten (10) days prior to the setting.

(D) Attendance at any setting is mandatory.

Continuance of a case may be allowed for a prehearing conference at the discretion of the administrative law judge or legal advisor. A continuance from a mediation or hearing setting, or a dismissal docket, if established by written procedures for a local adjudication office, shall be allowed only for good cause shown.

(10) When any party estimates that the hearing of a case will last longer than four (4) hours, the division shall be notified prior to setting the case for hearing and given an estimate of the length of time that will be required for the hearing. The division shall schedule the hearing according to written procedures of local adjudicative offices.

(11) All parties shall be prepared to introduce all relevant evidence when the case is heard.

Continuances to file additional evidence will only be granted for good cause shown, when the administrative law judge who conducted the hearing decides that the additional evidence is necessary for a full and complete hearing.

(12) A Claim for Compensation may be dismissed or a default award issued, upon proper notice by the division.

(A) A Claim for Compensation may be voluntarily dismissed with or without prejudice at any time prior to the introduction of evidence at a hearing. The claim for compensation may be refiled by claimant so long as the statute of limitations has not run.

(B) A default award may be entered against an employer/insurer, upon proper notice, for failure to appear or defend the claim.

(C) Notice to the party or parties shall be sent by certified mail according to the provisions of Chapter 287, RSMo. Notice of hearing or dismissal to a party’s attorney, at the attorney’s last known address, which shall be sent by ordinary mail and need not be certified, shall meet the requirement of this section. All other notices, unless required by this rule or determined by the division, shall be sent by ordinary mail. The records of the division shall constitute prima facieevidence of the date of mailing of any notice, determination, award or other paper mailed pursuant to Chapter 287, RSMo.

(13) A party may request that a case be set for hearing on the grounds of undue hardship or pursuant to section 287.203, RSMo. The party making the request shall file a written copy of the request with the division and mail copies to all parties to the contested case. If the request for a hardship hearing is granted, it shall be set according to the written procedures of the local adjudication office which has venue over the contested case. The division will not set a hearing under this section unless a request is filed by a party.

(14) Hearings before the division shall be simple, informal proceedings. The rules of evidence for civil cases in the state of Missouri shall apply. Prior to hearing, the parties shall stipulate uncontested facts and present evidence only on contested issues.

(A) The administrative law judge shall have the power to exclude witnesses from the hearing room or close a hearing in the interest of a fair and impartial hearing.

(B) When the final award is rendered by the administrative law judge, the division will retain all exhibits offered or placed in evidence for three (3) months, except as required for review of the decision pursuant to section (16) of this rule. The parties shall be notified at the time of the award. After that time, or three (3) months after final review, exhibits not claimed by the parties and that are otherwise preserved by the division will be destroyed. This provision shall not apply to cases in which permanent total, future medical, or dependent death benefits are awarded.

(C) On the request of any party and on order of the administrative law judge, a brief may be submitted, which must be filed within the time set by the administrative law judge, which in no event shall be later than thirty (30) days after the submission of the case.

The parties shall have equal time to prepare briefs, unless otherwise agreed by the judge and the parties.

(D) Within sixty (60) days after the submission of the case or the filing of briefs, whichever is later, the administrative law judge shall issue the award, together with a statement of findings of fact, but in no event longer than ninety (90) days from the last date of the hearing rulings of law and any other matters pertinent to the questions at issue.

Signed copies of the award shall be sent to all parties by certified mail.

(15) If the services of an attorney are found to be necessary in proceedings for compensation, the administrative law judge shall set a reasonable fee considering relevant factors which may include, but are not limited to, the nature, character and amount of services rendered, the amount in dispute, and the complexity of the case and may allow a lien on the compensation due to the claimant.

(16) A request for review of an award must be postmarked within twenty (20) days of the date of the award. The form of application for review and filing for review and practice before the Labor and Industrial Relations Commission is governed by the provisions of 8 CSR 20-3.030.

(17) When request for a lump sum payment is made on behalf of a minor, commutation of compensation will not be ordered until there is filed with the division a certified copy of the order of the probate division of the circuit court for the county where the dependent resides, naming a legal guardian or conservator of the minor dependent, unless payment can be made to the parent or other person as natural guardian or conservator of the dependent.

(18) Statutory prerequisites for approval of a compromise settlement are set forth in sections 287.390 and 287.616, RSMo.

(A) The compromise settlement agreement shall set forth the workers’ compensation issues compromised, the total amount of medical costs incurred and previously paid, the total amount of medical costs paid under the agreement, the total amount of temporary benefits previously paid, the total amount of temporary benefits paid under the agreement, the total amount of any permanency benefits previously paid, the total amount of permanency benefits paid under the agreement, the total amount of all benefits paid under the agreement, the total amount or the percentage of the employee’s attorney’s fees and expenses, and the total compensation paid in the case. A provision which prorates the amount of settlement over the life expectancy of the injured employee may be included.

(B) Before a compromise settlement will be approved, the employee must appear before the division and be advised of his or her rights under Chapter 287, RSMo, except as provided in subsection (D) of this section.

(C) A compromise settlement will be approved pursuant to sections 287.390 and 287.616, RSMo, unless in the opinion of the administrative law judge or legal advisor the settlement is not in accordance with the rights of the parties.

(D) If the employee does not live in the state of Missouri, has been inducted into the (1/29/07) ROBINCARNAHAN armed forces of the United States, has previously appeared before the division and been advised of his or her rights under Chapter 287, RSMo, is represented by an attorney, or shows other extenuating circumstances, the compromise settlement may be submitted without the appearance of the employee or dependent. Upon agreement of the parties, the conference may be held by telephone. A representative of the employer/insurer is responsible for scheduling a telephone conference subject to the availability of an administrative law judge or legal advisor.

Where the employee is not represented by counsel and does not appear at the time of approval of settlement, his or her signature shall be acknowledged by a notary public.

Any compromise settlement submitted pursuant to this subsection shall be approved according to the provision of this section of the rule and sections 287.390 and 287.616, (E) The employer/insurer shall submit any required forms that have not previously been submitted with the compromise settlement before the close of the case.

(19) As the basis for arriving at the amount of compensation due for loss of teeth and resultant disfigurement provided for in section 287.190, RSMo, 8 CSR 50-5.010 Compensation for Loss of Teeth shall be used.

(20) As the basis for arriving at the amount of compensation due for visual loss provided for in section 287.190, RSMo, 8 CSR 50-5.020 Evaluation of Visual Disabilities shall be used.

(21) As the basis for arriving at the amount of compensation due for hearing impairment provided for in sections 287.190 and 287.197, RSMo, 8 CSR 50-5.060 Evaluation of Hearing Loss shall be used.

(22) As the basis for arriving at commutation amounts authorized by section 287.530.1, RSMo, 8 CSR 50-5.030 Present Worth Table shall be used for permanent partial and death benefits payable to those employees or dependents, except where death benefits are payable only to the surviving spouse.

(23) As the basis for arriving at commutation amounts authorized by section 287.530.1, 8 CSR 50-5.030 Present Value Table for Widows, which contains remarriage and widowdeath experience factors, shall be used in cases of death benefits payable only to the surviving spouse.

Filed Sept. 4, 1963, effective Sept. 15, 1963.

Amended: Filed Aug. 26, 1975, effective Sept. 5, 1975. Amended: Filed Jan. 26, 1977, effective June 11, 1977. Amended:

Filed Dec. 14, 1977, effective April 13, 1978.

Emergency amendment filed Jan. 16, 1996, effective Jan. 26, 1996, expired July 23, 1996. Amended: Filed Feb. 15, 1996, effective Aug. 30, 1996. Rescinded and readopted:

Filed May 29, 1998, effective Feb. 28, 1999. *Original authority: 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995.

State ex rel River Cement Co. v. Pepple585 SW2d 122 (Mo. App. 1979). In workers’ compensation case, the right to inspect inheres in the powers authorized by section 287.560, RSMo, since without this right claimant’s ability to prove his/her case would be greatly diminished.

Hendricks v. Motor Freight Corp.570 SW2d 702 (Mo. App. 1978). Injured truck driver filed a claim for compensation incorrectly giving the date of accident as June 12, 1972.

Since appellant’s employer and insurer failed to file an answer to the claim in the time permitted under 8 CSR 50-2.010(13), the fact of the accident was taken as admitted.

Liechty v. Kansas City Bridge Company155 SW2d 297, affirmed 162 SW2d 275 (1942).

The Missouri Workers’ Compensation Commission is a ministerial and administrative body, with incidental quasi-judicial powers, exercised by the consent of those elected to be governed by the act, and is not vested with powers or duties in violation of constitutional limitations. The commission cannot usurp judicial functions contrary to the constitutional inhibition; however it has those powers which are incidental and necessary to the proper discharge of its duties in administering the Workers’ Compensation Act.

History

• AUTHORITY: section 287.650, RSMo Supp. 1997. Original rule filed Dec. 23, 1953, effective Jan. 3, 1954. Amended: Filed Jan. 15, 1960, effective Jan. 26, 1960. Amended:

8 CSR 50-2.020 Administration {#sec-8-csr-50-2.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-2.020}

PURPOSE: This rule sets forth the requirements for administrative functions of the division, including acceptance and withdrawal from Chapter 287, RSMo, filing of documents, storage of documents, requests for documents, and maintenance of division records.

(1) Any employer exempted by section 287.090, RSMo, or any employer who is not covered by the provisions of Chapter 287, RSMo, because of section 287.030, RSMo, who desires to operate under the provisions of Chapter 287, RSMo, may do so by purchasing a valid workers’ compensation insurance policy with an insurance carrier that is authorized to insure workers’ compensation liabilities in the state of Missouri through the Missouri Department of Insurance. The insurance carrier must file proof of workers’ compensation insurance coverage with the division or its designee.

(A) An employer who has elected to be covered under the provisions of Chapter 287, RSMo, may elect to withdraw that election by filing with the division, or its designee, on a form prescribed by the division.

(B) The division verifies proof of workers’ compensation insurance coverage including non-renewals and cancellations through the National Council of Compensation Insurance (NCCI) which is the designated “advisory organization” pursuant to section 287.930, RSMo, et seq.

(C) Employers that meet the statutory exception for two (2) owner corporations set out in section 287.090.5, RSMo, may elect to withdraw from coverage under Chapter 287, RSMo, by filing an election to withdraw with the division, or its designee, on a form prescribed by the division.

(D) Upon request an exception from the provisions of the workers’ compensation law may apply with respect to certain employees who are members of a recognized religious sect or division as defined in 26 U.S.C. 1402(g), by reason of which they are conscientiously opposed to accepting public or private insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical bills, including the benefits of any insurance system established under the Federal Social Security Act, 42 U.S.C. 301 to 42 U.S.C. 1397jj.

1. Any applicant requesting an exception as indicated in subsection (D) above, must simultaneously file with the division at PO Box 58, Jefferson City, MO 65102, the following forms:

A. Section 287.804 Application for Religious Exception from the provisions of the Missouri Workers’ Compensation Law;

B. Employee’s Affidavit and Waiver of Workers’ Compensation Benefits; and C. Employer’s Affidavit of Exception from Workers’ Compensation Benefits.

2. If the division grants the religious exception, the employee waives his/her rights to any benefits under the workers’ compensation law.

3. An exception shall be valid until such employee rescinds the election to reject benefits under the law or the religious sect or division of which the employee is a member ceases to meet the requirements of section 287.804.1, RSMo.

(2) Any forms filed with the division under any statutory provision or rule that do not meet division standards for filing based on completeness or legibility for imaging will be returned.

(3) Transcripts for cases on appeal and other division duties performed by court reporters shall have priority over requests for transcripts in cases not on appeal. All requests must be sent in writing to the division’s Jefferson City office. Requests for transcripts not on appeal will be prepared by the court reporter that recorded the hearing after all other duties are performed. Requests for parts of transcripts already prepared will not be accepted and in such cases the entire transcript must be purchased.

(4) All requests for copies of documents or other records must be in writing. The following standards will be used to determine if documents can be produced.

(A) The Claim for Compensation, Answer to Claim for Compensation, Compromise Settlement, Award and Minute Sheet forms may only be obtained by written request.

These documents are considered open records.

(B) The Report of Injury and subsequent medical reports are considered closed records pursuant to section 287.380.3, RSMo. To obtain closed records the requesting person must be a party to the workers’ compensation case or an attorney who has filed an entry of appearance representing a party. The requesting person may receive copies of records of prior cases in which the requesting person was also a party to the prior case.

(C) Written requests must state the requesting party’s relationship to the case as employee, employer, insurer, or attorney for the employee, employer/insurer or the Second Injury Fund. The request must state specifically which documents are being requested.

The following information must be provided when available:

1. Employee’s name;

2. Employee’s Social Security number;

3. Missouri Division of Workers’ Compensation injury number;

4. Date of injury; and 5. Employer’s name.

(D) Other documents and information may be obtained by a written request. Each request will be evaluated to determine if any requested documents or information are confidential.

(E) Documents and other records as legally required will be provided in response to a Subpoena Duces Tecum or Release of Information form signed by the employee. The Release of Information form signed by the employee must be directed specifically to the Missouri Division of Workers’ Compensation and specifically state which records the employee would like the division to release.

(F) The division will charge for copies of documents and any specific or general statistical information and certification of documents according to section 287.660, RSMo, or Chapter 610, RSMo, if applicable.

(5) The following documents can be submitted for electronic storage: any form required by the division; medical reports that are relevant to the case; and correspondence and notices relevant to the case. Depositions and medical records that the parties intend to introduce at a hearing or use at a mediation conference cannot be submitted for electronic storage. The depositions and medical records and any document submitted as an exhibit at a hearing will be included in the paper file and will not be electronically stored.

(A) Division forms must be submitted as an original document in the most current version. If a claim or answer to a claim is filed on an outdated form the division will process the claim or answer, but may request the filing party to submit the form in the most current version. The division reserves the right to reject forms that are not currently approved forms and/or do not reflect the division’s official seal. The division may accept certain documents or correspondence other than division-approved forms by facsimiles for electronic storage based upon the criteria set forth herein. The facsimile must be clear, legible, easy to read and be capable of being electronically stored.

(B) Any required division form for which any party creates a computer-generated form must be approved by the division before such documents may be used or filed. A minimum font size of ten (10) points in required for any computer-generated form.

(C) The division accepts the Report of Injury submitted in an approved format by electronic filing. Any party who desires to file any reports or forms or information electronically must receive approval from the division and must comply with all division standards for the electronic filing of information. To obtain approval for electronic filing, a party must contact the division and meet all current standards.

(D) Any document stored electronically by the division shall be considered an original document and when reproduced in paper form shall be acceptable for all legal purposes. Documents submitted on or after January 1, 1994, for injuries occurring after that date, will be processed and stored electronically.

(E) The division shall have the discretion after five (5) years to destroy Reports of Injuries filed in which no compensation, exclusive of medical costs, was due or paid, together with the papers attendant to the filing of such reports. The division shall have the discretion after ten (10) years from the date of the termination of compensation to destroy records in compensable cases.

(6) The division-approved forms as referenced in these rules may be obtained from the website address http://www.dolir.mo. gov/wc/forms/forms.htm or by contacting the division at (573) 751-4231, or by submitting a written request to the division’s Jefferson City office at PO Box 58, Jefferson City, MO 65102.

Filed Aug. 26, 1975, effective Sept. 5, 1975.

Rescinded and readopted: Filed May 29, 1998, effective Feb. 28, 1999. Emergency amendment filed Dec. 12, 2005, effective Dec. 22, 2005, expired June 19, 2006.

Amended: Filed Nov. 22, 2005, effective June 30, 2006. *Original authority: 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995, 1998.

History

• AUTHORITY: section 287.650, RSMo 2000. Original rule filed Dec. 23, 1953, effective Jan. 3, 1954. Amended: Filed Jan. 15, 1960, effective Jan. 26, 1960. Amended: Filed Sept. 4, 1963, effective Sept. 15, 1963. Amended:

8 CSR 50-2.025 Reasonable Standard Means Test {#sec-8-csr-50-2.025 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-2.025}

PURPOSE: Section 287.220.13, RSMo, requires the division to promulgate a rule setting forth a reasonable standard means test to determine if an employee’s employment warrants the suspension of life payment benefits.

This rule sets forth the reasonable standard means test.

(1) For purposes of section 287.220.13, RSMo, employment that warrants a suspension of benefits is employment that provides an employee with weekly wages that, on average, equal or exceed one hundred five percent (105%) of the current state average weekly wage for a period greater than six (6) consecutive months.

History

• AUTHORITY: sections 287.220.13 and 287.650, RSMo Supp. 2013. Original rule filed June 24, 2015, effective Feb. 29, 2016. Original authority: 287.220, RSMo 1939, amended 1943, 1945, 1951, 1953, 1955, 1980, 1981, 1982, 1987, 1992, 1993, 1998, 2013 and 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995, 1998, 2012.

8 CSR 50-2.030 Resolution of Medical Fee Disputes {#sec-8-csr-50-2.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-2.030}

PURPOSE: This rule sets forth the Division of Workers’ Compensation administrative procedures available to employers, insurance carriers and health care providers to resolve disputes concerning charges for health care services, in accordance with section 287.140, (1) Procedures Pertaining to Applications for Payment of Additional Reimbursement of Medical Fees (Reasonableness Disputes).

(A) If an employer or insurer disputes the reasonableness of a medical fee or charge, the employer or insurer shall notify the health care provider in writing that the medical charge is being disputed and shall explain the

basis for the dispute. The employer or insurer may tender partial payment and the health care provider may accept payment of the amount tendered without prejudice to the filing of an application for payment of additional reimbursement of medical fees. Upon receiving the written notice of the dispute, the health care provider may contact the insurer or employer to attempt to resolve the dispute.

(B) In order to initiate a reasonableness dispute case, the health care provider must first submit a Request for Case Status Information on a division-approved form to the division prior to the filing of an application medical fees. The health care provider shall file with the division an original application medical fees. The application shall contain all the following information:

1. The name, address, and telephone number of the health care provider;

2. Name, address, and telephone number of the employer and insurer against whom the application is being filed;

3. Name, address, and Social Security number of the employee for whom health care services were rendered, together with the date of injury and date the services were provided, for all disputes;

4. The amount in dispute;

5. The date the first notice of the dispute of the medical charge was received by the health care provider. Per section 287.140.4(2), RSMo, such notice shall be presumed to occur no later than five (5) business days after transmission by certified United States mail; and 6. Any additional information the division deems necessary to resolve the dispute.

(C) The health care provider shall serve through personal service or by certified mail, return receipt requested, a copy of the application on the person or corporation against whom the application has been filed. The health care provider shall file proof of service with the division. The division shall send by first-class mail a copy of the application to the employee, employer, insurer, or thirdparty administrator or their attorneys of record as the case may be.

(D) The application shall be filed on a form prescribed by the division and shall contain the required information. If the application does not include all the information required by this rule or proof of service is not filed with the division, the application will be rejected and will be returned for the additional information.

(E) If no report of injury or claim for compensation has been filed with the division for the injury for which the health care was provided the application may be returned for lack of jurisdiction.

(F) Upon receipt of the application, the division will assign a medical fee dispute number and confirm acceptance or rejection of the application to the health care provider.

(G) After the filing of an application for payment of additional reimbursement of medical fees, the parties may attempt to resolve their dispute without the assistance of the division.

(H) If the total amount of the additional reimbursement sought is one thousand dollars ($1,000) or less, and the parties are unable to resolve their dispute, either party may file a written request for administrative ruling which request initiates the administrative ruling procedure. All parties shall participate in the administrative ruling procedure.

1. Within ten (10) days of the receipt of the request for administrative ruling, the division director shall assign the matter to the dispute management unit for an informal summary review. The dispute management unit may require the health care provider to provide information in support of its application for payment of additional reimbursement of medical fees, such information to include, but is by no means limited to, the following:

A. Complete certified copies of itemized billing statements;

B. Complete certified copies of medical records corresponding to the itemized billing statements;

C. Affidavit from the health care provider or from health care provider’s counsel stating the basis for health care provider’s belief that all the medical charges are fair and reasonable and are not greater than the usual and customary fee as provided in section 287.140.3, RSMo;

D. Copy of any contracts or agreements between health care provider and employer or insurer.

2. The dispute management unit may require the employer and/or insurer to provide information in defense of the application medical fees, such information to include, but is by no means limited to, an affidavit from the employer or insurer, or counsel, stating the basis for employer/insurer’s belief that the medical charges are not fair or reasonable, or that the medical charges are greater than the usual and customary fee as provided in section 287.140.3, RSMo.

3. No discovery shall be allowed.

4. Within ten (10) days of completion of its informal summary review, the dispute management unit shall make a recommendation to the division director. Within ten (10) days of the receipt of the dispute management unit’s recommendation, the division director shall issue an administrative ruling in the case awarding additional reimbursement to the health care provider in an amount certain or denying additional reimbursement in full.

5. The division shall, immediately upon issuance of the administrative ruling, send a copy thereof by first-class mail to counsel for all parties and to any party not represented by counsel. In the event any party is aggrieved by the director’s administrative ruling, that party must file with the division’s Jefferson City office a request for evidentiary hearing within thirty (30) days of the date of the administrative ruling, using the divisionapproved form. In the event no request for evidentiary hearing is filed within thirty (30) days of the date of the administrative ruling, the administrative ruling shall become the final and conclusive determination in the case.

6. Upon timely filing of the request for evidentiary hearing, the division shall assign the case to the local adjudication office of proper venue for evidentiary hearing. The requesting party may withdraw its request for evidentiary hearing, with prejudice, at any time after the filing of the request and prior to the conclusion of the evidentiary hearing.

The withdrawal of the request for evidentiary hearing must be in writing and must be signed by the party or counsel. The request for evidentiary hearing may not be withdrawn without prejudice. Upon withdrawal of the request for evidentiary hearing, the administrative ruling shall become the final and conclusive determination in the case.

7. The evidentiary hearing shall be a simple informal proceeding, and shall be held by an administrative law judge at a place and time to be set by the division. The rules of evidence in civil cases shall apply, except that the administrative law judge may consider the information already obtained from the parties by the dispute management unit. A record shall be made of the evidentiary hearing in the same manner as all other evidentiary hearings, as set forth in section 287.460.1, RSMo. No discovery shall be allowed unless specifically ordered in writing by the administrative law judge assigned to the case, and only upon the showing of extraordinary circumstances.

8. Within thirty (30) days of the last day of the hearing, the administrative law judge shall issue an award either awarding additional reimbursement to the health care provider in an amount certain or denying additional reimbursement in full. Either party may file an application for review with the Labor and Industrial Relations Commission within twenty (20) days from the date of the award of the administrative law judge. This review shall be subject to review and appeal in the same manner as provided for other awards in

Chapter 287, RSMo.

9. If the employer or insurer fails to comply with the director’s administrative ruling, the health care provider may file a complaint with the division’s fraud and noncompliance unit pursuant to section 287.128, (I) If the total amount of the additional reimbursement sought is more than one thousand dollars ($1,000), and the parties are unable to resolve their dispute, the health care provider may file a written application for an evidentiary hearing of the medical fee dispute. The health care provider shall forward a copy of the application for an evidentiary hearing to all parties. The employer or insurer shall file an answer to the application for an evidentiary hearing on a divisionapproved form. The answer shall be filed within thirty (30) days from the date of the application. The division may extend the thirty- (30-) day time period for good cause. If the employer or insurer fails to file a timely answer the facts contained in the application are deemed admitted as true, but conclusions of law are not deemed admitted. An evidentiary hearing shall be scheduled in front of an administrative law judge.

(J) Parties may engage in discovery to the extent authorized by Chapter 287, RSMo.

(K) The evidentiary hearing shall be held at a place and time to be set by the division.

The division shall notify all parties as to the time and place of the hearing. An administrative law judge may continue the hearing for good cause. The hearing shall be simple and informal and all parties shall be entitled to be heard and to introduce evidence, however, the rules of evidence in civil proceedings shall apply. The administrative law judge conducting the hearing shall issue an award deciding the issues in dispute within thirty (30) days of the last day of the hearing.

(L) Either party may file an application for review with the Labor and Industrial Relations Commission within twenty (20) days from the date of the award of the administrative law judge. This review shall be subject to review and appeal in the same manner as provided for other awards in Chapter 287, (M) The parties shall notify the division in writing of the date and amount of any settlement of the application for payment of additional reimbursement of medical fees.

(N) The division, without a hearing, may reject an application for payment of additional reimbursements of medical fees without prejudice for failure to follow the procedures of this rule.

(O) Any settlement of a reasonableness dispute or award entered on the application for reimbursement of additional medical fees shall prohibit the health care provider from pursuing any additional fees for work-related medical treatment from the employee for the health care services that were the subject of the application.

(P) Requesting and Issuing Awards on Undisputed Facts.

1. An application for payment of additional reimbursement of medical fees may be denied in full by an administrative law judge without an evidentiary hearing by issuing an award on undisputed facts in accordance with the following procedures. The employer or insurer may file a request for an award on undisputed facts in regard to the application medical fees on the ground that same was not filed within the limitation period set forth in

section 287.140.4, RSMo, or on the ground that the charges have been paid in full, or on any ground which would fully negate any liability for further payment, and upon which ground the facts are not in dispute. The be filed on the approved division form. The state with particularity each material fact as to which the employer or insurer claims there is no genuine issue, with specific references to the contents of the application for payment of additional reimbursement of medical fees, deposition testimony, affidavits, and documents that demonstrate the lack of a genuine issue as to such facts. Each request for an award on undisputed facts shall have attached thereto the affidavits, portions of deposition transcripts, and other documents relied upon in the request.

2. Within thirty (30) days after a request for an award on undisputed facts is filed with the division, the health care provider shall file its response thereto. The response shall admit or deny each of the factual statements contained in the request. A denial may not rest upon mere allegations or general denials.

Rather, the response shall support each denial with specific references to the depositions, documents, or affidavits that demonstrate specific facts showing that there is a genuine issue to be decided at an evidentiary hearing.

Attached to the response shall be a copy of the affidavits, deposition transcripts (or portions thereof), and other documents upon which the response relies. The response may also set forth, in detail, additional material facts that remain in dispute.

3. Upon timely filing of the response, the administrative law judge assigned to the case shall proceed to ruling on the request for an award on undisputed facts. If no response is filed within the thirty (30) days allotted, unless extended by written order of an administrative law judge, the facts as set forth in the be deemed as true, and the administrative law judge assigned to the case shall rule on the request for an award on undisputed facts. If the request for an award on undisputed facts and response show that there is no genuine issue as to any material fact and that the application for payment of additional reimbursement of medical fees should be denied in full, the administrative law judge shall issue an award on undisputed facts denying the application for payment of additional reimbursement of medical fees in full. Such award shall be a final reviewable award in the case as to the application for payment of additional reimbursement of medical fees.

4. The health care provider may file an application for review with the Labor and Industrial Relations Commission within twenty (20) days from the date of the award of the administrative law judge. This review shall be subject to review and appeal in the same manner as provided for other awards in Chapter 287, RSMo.

5. If the request for an award on undisputed facts and response show that there is a genuine issue as to any material facts, the administrative law judge shall issue an order denying the request for an award on undisputed facts. An order denying the request for an award on undisputed facts is not a final award as to any issue, and is not subject to review or appeal.

(2) Procedures Pertaining to Applications for Direct Payments (Direct Pay Disputes).

(A) If an employer or insurer fails to make payment for authorized services provided to an employee by a health care provider due to a work-related injury that is covered under the Missouri Workers’ Compensation Law, the health care provider may file an application for direct payment with the division.

(B) The application for direct payment shall contain the following information:

1. The name, address, and telephone number of the health care provider and, if different, the address where the service was rendered;

2. Name, address, and telephone number of the employer and insurer against whom the application is being filed;

3. Name, address, and Social Security number of the employee for whom health care services were rendered, together with the date of injury, for all disputes;

4. A brief description of the disputed services rendered; the date services were provided; the amount of money claimed to be owed; and the name and title of the person from the insurer or employer giving authorization;

5. Any information the division deems necessary.

(C) The health care provider shall serve the employer or insurer through personal service or by certified mail, return receipt requested, a copy of the application on the person or corporation against whom the application has been filed. The health care provider shall file proof of service in accordance with section (4) of this rule with the division. The division shall send by first-class mail a copy of the application to the employee, employer, insurer or third-party administrator or their attorneys of record as the case may be.

(D) The application shall be filed on a form prescribed by the division and shall contain the required information. If the application does not include all the information required by subsection (B) of this section or proof of service is not filed with the division, the application will be returned for the additional information.

(E) The division, without a hearing, may reject an application for direct payment without prejudice if the application does not pertain to a dispute relating to services that were authorized in advance by the employer or insurer for a compensable injury or for failure to follow the procedures of this rule.

(F) If there is no report of injury or claim for compensation filed with the division for the work-related injury for which the health care services were provided, the application will be returned for lack of jurisdiction of the division.

(G) Upon filing of the application, the division shall cause the application for direct payment to be made part of the underlying workers’ compensation case and shall notify the health care provider of all proceedings relating to the underlying workers’ compensation case. The division shall notify all parties to the case that the application has been made part of the underlying workers’ compensation case. The health care provider shall be granted standing to appear as a party in the underlying workers’ compensation case for the limited purpose of establishing that the health care provider is entitled to payment for services rendered. The health care provider shall have all rights accorded a party under Chapter 287, RSMo, as to this limited issue.

(H) The health care provider is barred from pursuing the employee for any workrelated costs incurred in pursuing the medical fee dispute and any reduction in payment of a medical charge. This rule is not intended to prohibit the provider from pursuing the responsible party for payment of fees for medical treatment that is found by award or settlement not to be compensable.

(I) Requesting and Issuing Awards on Undisputed Facts.

1. An application for direct payment may be denied in full by an administrative law judge without an evidentiary hearing by issuing an award on undisputed facts in accordance with the following procedures. The employer or insurer may file a request for an award on undisputed facts in regard to the application for direct payment on the sole ground that the health care services for which direct payment is being sought were not authorized by employer or insurer. The request for an award on undisputed facts shall be filed on the approved division form. The request for an award on undisputed facts shall state with particularity each material fact as to which the employer or insurer claims there is no genuine issue, with specific references to the contents of the application for direct payment, deposition testimony, affidavits, and documents that demonstrate the lack of a genuine issue as to such facts.

Each request for an award on undisputed facts shall have attached thereto the affidavits, portions of deposition transcripts, and other documents relied upon in the request.

2. Within thirty (30) days after a request for an award on undisputed facts is filed with the division, the health care provider shall file its response thereto. The response shall admit or deny each of the factual statements contained in the request. A denial may not rest upon mere allegations or general denials.

Rather, the response shall support each denial with specific references to the depositions, documents, or affidavits that demonstrate specific facts showing that there is a genuine issue to be decided at an evidentiary hearing.

Attached to the response shall be a copy of the affidavits, deposition transcripts (or portions thereof), and other documents upon which the response relies. The response may also set forth, in detail, additional material facts that remain in dispute.

3. Upon timely filing of the response, the administrative law judge assigned to the case shall proceed to ruling on the request for an award on undisputed facts. If no response is filed within the thirty (30) days allotted, unless extended by written order of an administrative law judge, the facts as set forth in the be deemed as true, and the administrative law judge assigned to the case shall rule on the request for an award on undisputed facts. If the request for an award on undisputed facts and response show that there is no genuine issue as to any material fact and that the application for direct payment should be denied in full, the administrative law judge shall enter an award on undisputed facts denying the application for direct payment in full. Such award shall be a final reviewable award in the case as to the application for direct payment.

4. The health care provider may file an application for review with the Labor and Industrial Relations Commission within twenty (20) days from the date of the award of the administrative law judge. This review shall be subject to review and appeal in the same manner as provided for other awards in

Chapter 287, RSMo.

5. If the request for an award on undisputed facts and response show that there is a genuine issue as to any material fact, the administrative law judge shall issue an order denying the request for an award on undisputed facts. An order denying the request for an award on undisputed facts is not a final award as to any issue, and is not subject to review or appeal.

(3) In any dispute between a health care provider and a managed care organization regarding medical care services or payment of such services, the decision of the managed care organization is subject to review by the division according to section 287.135.5, (4) Except as otherwise provided in this rule, each party filing any document with the division shall mail or deliver to the opposing party a true and accurate copy of the document filed with the division and shall certify or state on the document being filed that such mailing or delivery has occurred.

(5) Requesting Records, Confidentiality and Storage.

(A) The Report of Injury and subsequent medical reports are considered closed records pursuant to section 287.380.3, RSMo. Section 610.021(14), RSMo authorizes the division to close the records which are protected from disclosure by law.

(B) If a person submits records to the division and wishes to claim that the record is closed or confidential, the division will maintain the record as closed, except that information that is closed pursuant to section 287.380.3, RSMo will be provided to a requesting person who is party to the workers’ compensation case or an attorney who has filed an entry of appearance representing a party to the workers’ compensation case or to a party in a reasonableness case. In order to claim the record as closed or confidential, the person submitting the record must state in bold or other clearly distinguishable type on the face of the record or in the face of the cover letter accompanying the record, that the record is closed or confidential and the reason the record is asserted to be closed or confidential.

(C) The requesting person may obtain records from the division by submitting a request in writing to the division’s Jefferson City office at PO Box 58, Jefferson City, MO 65102. The requesting person must state their relationship to the case as set forth in 8 CSR 50-2.020(4)(C). Records as legally required will be provided in response to a subpoena duces tecum or Release of Information form duly signed by the person giving the division authorization to release the records.

(D) The division will charge for copies of documents and certification of documents according to section 287.660, RSMo, or

Chapter 610, RSMo, if applicable.

(E) The division reserves the right to store the documentation submitted in a medical fee dispute proceeding either electronically or in a paper file.

(6) The division-approved forms as referenced in these rules may be obtained from the website address http://www.labor.mo.gov/div_pubs_forms.asp or by contacting the division at (573) 522- 2546, or by submitting a written request to the division’s Jefferson City office at PO Box 58, Jefferson City, MO 65102.

History

• AUTHORITY: sections 287.140.4 and 287.650, RSMo Supp. 2013. Emergency rule filed Feb. 3, 1993, effective Feb. 19, 1993, expired June 18, 1993. Emergency rule filed June 29, 1993, effective July 9, 1993, expired Nov. 5, 1993. Emergency rule filed Nov. 16, 1993, effective Nov. 26, 1993, expired March 25, 1994. Emergency rule filed June 28, 1994, effective July 8, 1994, expired Nov. 4, 1994. Emergency rule filed Oct. 20, 1994, effective Nov. 5, 1994, expired March 4, 1995. Emergency rule filed Aug. 18, 1995, effective Aug. 28, 1995, expired Feb. 23, 1996. Original rule filed Aug. 18, 1995, effective Feb. 24, 1996. Rescinded and readopted: Filed Jan. 21, 2000, effective Sept. 30, 2000. Emergency amendment filed Aug. 15, 2006, effective Sept. 1, 2006, expired Feb. 27, 2007. Amended: Filed Aug. 15, 2006, effective Feb. 28, 2007. Amended: Filed Nov. 12, 2013, effective May 30, 2014. Original authority: 287.140, RSMo 1939, amended 1951, 1957, 1959, 1965, 1977, 1980, 1983, 1988, 1990, 1992, 1993, 1998, 2005 and 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995, 1998.

8 CSR 50-2.040 Notice and Acknowledgment of Right to Workers’ Compensation Benefits {#sec-8-csr-50-2.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-2.040}

(Rescinded July 30, 1999)

1993. Emergency rule filed Sept. 15, 1993, effective Sept. 25, 1993, expired Jan. 13, 1994. Emergency rule filed Jan. 12, 1994, effective Jan. 22, 1994, expired May 21, 1994. Original rule filed Jan. 31, 1994, effective July 30, 1994. Rescinded: Filed Jan. 22, 1999, effective July 30, 1999.

History

• AUTHORITY: section 287.650, RSMo Supp.

8 CSR 50-2.050 Mediation Services {#sec-8-csr-50-2.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-2.050}

PURPOSE: This rule sets forth the administrative procedures for initiating mediation services whereby parties are afforded an opportunity to resolve disputes prior to proceeding to the hearing process.

(1) As the division deems appropriate, or upon application filed by either party, mediation services will be provided by a representative of the division for the purposes of ascertaining the issues, identifying the areas of dispute and attempting to facilitate a resolution of the dispute.

(2) The written request for mediation services should include the injury number assigned to the case, the names of each party to the dispute, if known, and an explanation of the dispute.

(3) Mediation services shall be informal and may be used at any time prior to commencement of an evidentiary hearing. The individual conducting the mediation proceeding may note in the case file that an attempt at mediation was unsuccessful and may also note the areas of dispute. However, no notation shall be made in the case file with respect to any settlement offer that may have been proposed which was not accepted, except to list any disputed issues that were not resolved.

(4) In the event the person conducting the mediation service also has authority to preside over an evidentiary hearing should mediation prove unsuccessful, that person shall be disqualified from conducting an evidentiary hearing relating to that particular case without limiting the rights conferred by section 287.810, RSMo, unless the parties to the case agree to permit that person to conduct an evidentiary hearing.

Emergency rule filed July 18, 1994, effective July 28, 1994, expired Nov. 24, 1994. Emergency rule filed Oct. 28, 1994, effective Nov. 25, 1994, expired March 24, 1995. Emergency rule filed March 13, 1995, effective March 25, 1995, expired July 22, 1995.

Original rule filed Oct. 28, 1994, effective May 28, 1995. *Original authority; 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993.

History

• AUTHORITY: section 287.650, RSMo 1994. Emergency rule filed March 7, 1994, effective March 17, 1994, expired July 14, 1994.

8 CSR 50-2.060 Performance Standards for Administrative Law Judges {#sec-8-csr-50-2.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-2.060}

PURPOSE: This rule establishes the performance standards for administrative law judges to be used in performance audits as mandated by section 287.610, 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.

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 director of the Division of Workers’ Compensation shall perform an annual evaluation of all the chief administrative law judges. The chief administrative law judge of each local office shall perform an annual evaluation of all administrative law judges in the local office based on the standards adopted by the Administrative Law Judge Review Committee and set forth in this rule. The annual evaluations will be presented to the Administrative Law Judge Review Committee who will conduct a performance audit.

(2) The administrative law judges will be evaluated in the following areas and held to the standards set forth herein.

(A) Managing for Performance.

1. In section 287.203, RSMo hearings a decision is issued within thirty (30) days of the date of the hearing.

2. For all other hearings, except medical fee disputes on reasonableness, an administrative law judge shall issue a written award within ninety (90) days of the last day of the hearing. The hearing shall be concluded within thirty (30) days of the commencement of the hearing, except in extraordinary circumstances where a lengthy trial or complex issues necessitates a longer time than ninety (90) days.

(B) Meeting the Needs of Customers and Shareholders.

1. Ensures timely completion of work where applicable— A. Decision to approve or deny a request for hearing is made within twenty (20) working days after receipt of a request;

B. Hearings are concluded within thirty (30) days of the commencement of the hearing, except in extraordinary circumstances where a lengthy trial or complex issues necessitates a longer time;

C. Date of hearing assigned for each case will be no more than one hundred twenty (120) days after the date that the request for hearing is approved, unless all parties agree otherwise; and D. Upon receipt of a request, all cases will be set for conference, prehearing or mediation within one hundred twenty (120) days.

2. Ensures that employees and employers as well as their representative are treated in a respectful and courteous manner in accordance with the Code of Judicial Conduct for Missouri Workers’ Compensation Administrative Law Judgesand Missouri Supreme Court Rule 2.

3. Establishes and maintains regular office hours which ensure accessibility to customers and shareholders.

4. Makes oneself available to and actively participate in meetings, seminars and/or conferences of employer and employee groups.

(C) Professional Development and Conduct.

1. Ensures ethical standards are maintained and followed, to include adherence to the guidelines outlined in both the Rules of Professional Conduct as well as the Code of Judicial Conduct for Missouri Workers’ Compensation Administrative Law Judges.

2. Participates in the required fifteen (15) hours of Continuing Legal Education (CLE) courses as outlined and accredited by the Missouri Bar on an annual basis.

3. Attends and participates in required training that enhances education, knowledge and skill.

(D) Strategic Planning and Program Improvement.

1. Implements the division’s internal procedures.

2. Participates in the strategic planning process.

3. Participates in internal workgroups to improve effectiveness and efficiency.

4. Available to serve in other locations as needed on a temporary basis.

5. Offers recommendations and suggestions for program improvement.

(3) This rule sets forth all the standards to be used to evaluate administrative law judges.

The standards do not address the content of any award or decision issued by the administrative law judge.

(4) The division hereby adopts and incorporates by reference the Code of Judicial Conduct for Missouri Workers’ Compensation Administrative Law Judges. This Code is published by the Division of Workers’ Compensation, 3315 West Truman Blvd., Jefferson City, MO 65109; December 14, 2005 and does not include any later amendments or additions. A copy of the Code will be available at said address to the public for inspection and copying at no more than the actual cost of reproduction.

History

• AUTHORITY: sections 287.610.2 and 287.610.10, RSMo Supp. 2005 and 287.650, RSMo 2000. Emergency rule filed Dec. 21, 1998, effective Jan. 1, 1999, expired June 29, 1999. Original rule filed Dec. 21, 1998, effective June 30, 1999. Rescinded and readopted: Filed April 12, 2006, effective Oct. 30, 2006. Original authority: 287.610, RSMo 1939, amended 1945, 1951, 1955, 1957, 1959, 1961, 1977, 1980, 1987, 1992, 1993, 1998, 2001, 2005 and 287.650, RSMo 1939, 1949, 1961, 1980, 1993, 1995, 1998.

Chapter 3 Self-Insurance

8 CSR 50-3.010 Rules Governing Self- Insurance {#sec-8-csr-50-3.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-3.010}

PURPOSE: This rule sets forth requirements and standards for authority to self-insure an employer’s liability under the Workers’ Compensation law.

(1) Definitions.

(A) For the purposes of this rule, the following terms shall mean:

1. Association—An organization of persons, businesses, firms, or corporations joined together for a certain or common purpose;

2. Estimated annual premium—The premium collected from a trust member that is computed by applying the appropriate payroll code classification rates to the trust member’s annual payroll and multiplying the results by the experience modification factors of the trust member as developed by the advisory organization approved by the Department of sional Registration and including any other discounts and debits;

3. Executive director—Person designated by the board of trustees of that trust to oversee all operations of the trust and who is not an owner or employee of any service company;

4. Foreign corporation—A corporation for profit organized under laws other than the laws of this state;

5. Group—Not less than ten (10) private employers not commonly owned or ten (10) governmental entities of the same type;

6. Pure premium rate—That portion of the rate which represents the loss cost per unit of exposure including loss allocated and unallocated adjustment expenses;

7. Rate—The cost of insurance per exposure base unit, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premiums;

8. Regular member—Those persons, busi nesses, firms, or corporations which meet all eligibility requirements and are approved for full membership into an association and which are also accorded all voting and membership privileges of the association;

9. Same industry—A group with em ployer members of a similar nature, in the same line of business, and using the same class codes pursuant to the uniform classification system filed by the advisory organization with the director of the Department of sional Registration in compliance with section 287.955, RSMo;

10. Security—A surety bond, an irrevocable letter of credit, or escrow deposit to assure the fulfillment of payment or performance of any workers’ compensation liability or obligation of an employer;

11. Service company—Any person, busi ness, firm, or corporation that provides insurance or other workers’ compensation administrative services, which includes, but is not limited to, plan administrators, claims administrators, loss control consultants, brokers, and agents;

12. Surplus or surplus monies—The amount by which the sum of total premium paid by trust members and investment income exceeds the sum of— A. Losses and loss adjustment expenses paid;

B. Administrative expenses incurred;

C. Outstanding reserves for known injuries and occupational diseases;

D. Actuarially developed reserves for case reserve development and the cost of incurred but not reported injuries and occupational diseases; and E. Previously paid surplus distributions; and 13. Trust—A combination of persons, businesses, firms, or corporations bound together to secure, jointly and severally, workers’ compensation liability by holding the individual interests of each subservient to a common authority for the common interests of all. This shall also include the written instrument that creates the trust.

(2) Individual Employer Self-Insurance— Application. An employer seeking exemption from insuring his/her risk under the Workers’ Compensation Act, by obtaining the privilege of becoming an individual self-insurer, shall apply on the specified form titled Application for Self-Insurance, WC-81, included herein.

The initial application is to be presented at the office of the Division of Workers’ Compensation in Jefferson City, Missouri, by a representative of the employer and service company, if applicable. Each legal entity desiring to self-insure shall submit a separate application. Such application shall be sworn and executed by an executive officer of the applicant.

(3) Individual Self-Insurance—Additional Requirements.

(A) In addition to the application, compliance with all of the following shall be required:

1. Balance sheets and income statements for the last four (4) years; the balance sheets and income statements must be provided for each entity seeking self-insurance;

2. A statement or report setting forth the total of workers’ compensation benefits paid to date and current case reserves (including medical) for a minimum of the last three (3) claim years;

3. A statement or report reflecting the current experience modification factor calculated pursuant to the Uniform Experience Modification Plan as approved by the Missouri Department of Insurance, Financial Institutions and Professional Registration;

4. A description of the administrative organization to be maintained by the employer or service company to handle workers’ compensation matters, including the reporting of injuries, authorization of medical care, providing payment of compensation, handling of claims for compensation, and the safety program, together with the name and location of each such office and qualifications of the personnel in such office to perform such services. If a service company provides loss control services, it must be certified by the division. If a service company provides claims administration services, it must be licensed through the Missouri Department of sional Registration. Designation of a service company to administer workers’ compensation claims, who is licensed by the Missouri Department of Insurance, Financial Institutions and Professional Registration, with a copy of the signed service agreement, which shall include a commitment to handle claims to their conclusion. In the event an employer wishes to change claims service companies, the employer may elect to contractually have the current service company continue to handle existing claims to their conclusion or it may elect to transfer that responsibility in an orderly fashion to the new service company.

Any partner, member of a limited liability corporation, or officer or director of any corporation or an immediate family member of such person shall not be an owner or employee of the service company;

5. All applicants, whether a corporation or other legal entity, both foreign and domestic, shall file with the application the appropriate Certificate of Good Standing, or its equivalent, regarding that particular entity as issued by its respective state in which organized, along with a certified copy of the applicant’s authority to do business in Missouri as issued by the Missouri Secretary of State and copies of all relevant corporate resolutions;

6. A chart of the organizational structure of the company, including any parent, subsidiary, or related entities; and 7. Other information including any supporting documentation as requested by the division. In accordance with the provisions of

section 287.660.2, RSMo, the division shall fix and collect from the employer the reasonable expenses of any investigation necessary to determine its ability to carry its own insurance; therefore, each application for authority to become a self-insurer shall be accompanied by a remittance in the amount of two hundred fifty dollars ($250), payable to the Division of Workers’ Compensation, to cover the costs of such investigation, and the applicant shall be charged when the investigation costs are in excess of two hundred fifty dollars ($250). This fee will not be refunded, regardless of the disposition of the application.

(B) The division shall make a preliminary determination based on the factors set out in paragraph (3)(I)1. to approve or deny the application and shall notify the applicant.

Upon preliminary approval of the application, the employer shall comply with the follow- 1. Provide security in the minimum amount of two hundred thousand dollars ($200,000) and the division may, if it deems advisable in any particular case, require a larger amount. Security will be furnished in one (1) of three (3) ways: by filing with the Division of Workers’ Compensation an approved surety bond; by an irrevocable letter of credit; or by depositing in escrow approved securities as defined in this section.

In exceptional instances the division may require additional security deposits equal to actuarially determined incurred losses.

A. If a surety bond is given, the surety shall be by a company admitted by the Missouri Department of Insurance, Financial Institutions and Professional Registration to transact such business in this state and shall be AM Best rated A- or better or shall have reserves acceptable to the department for a new and unrated company. The bond shall be on a form prescribed by the Division of Workers’ Compensation included herein (Bond of Employer Carrying His Own Risk, WC-82 Bond). Any such bond shall be perpetual and shall not be released by the division unless additional replacement security approved by the division is provided. In the case of insolvency, the proceeds of the surety bond shall be transferred to Missouri Private Sector Individual Self-Insurers Guaranty Corporation, if applicable, in anticipation of payment for compensation obligations which the employer has not paid; but no funds shall be used to make payments of compensation until the division has given the employer and surety company thirty (30) days’ written notice.

B. If the securities are deposited in escrow, they shall be in the form of United States Government Obligations, which are limited to treasury bills, notes, or bonds.

Securities deposited in escrow or trust shall be deposited only in a bank or trust company in the state of Missouri. When securities are deposited as provided above, the employer shall file with the division an agreement on a form approved by the division included herein (Escrow Agreement, Form 82 Escrow), providing that upon failure or neglect of the employer to make payment of compensation all, or any part of such securities, as the occasion may require, may be sold. The proceeds of this sale shall be transferred to Missouri Private Sector Individual Self-Insurers Guaranty Corporation, if applicable, in anticipation of payment for compensation obligations which the employer has not paid; but no securities shall be sold or funds shall be used to make payments of compensation until the division has given the employer and bank or trust company thirty (30) days’ written notice.

C. An irrevocable letter of credit (hereafter letter of credit) must meet those requirements found in section 400.5-101, RSMo et seq., as well as those additional requirements found below. The letter of credit, along with an authorization for release of confidential information, must be submitted to the division on division-approved forms included herein (Irrevocable Letter of Credit, WC-249; Authorization For Release of Confidential Information, WC-249-3). In the case of insolvency, the proceeds of the irrevocable letter of credit shall be transferred to the Missouri Private Sector Individual Self-Insurers Guaranty Corporation, if applicable, in anticipation of payment of compensation obligations which the employer has not paid. The letter of credit must include the following provisions:

(I) A letter of credit, issued by a commercial bank chartered under the laws of Missouri or chartered pursuant to the National Banking Act, may be submitted to the Missouri Department of Labor and Industrial Relations, Division of Workers’ Compensation (hereinafter the division). The letter of credit must be in an amount equal to the otherwise required bond or securities;

(II) The letter of credit shall be irrevocable, and the beneficiary shall be the division. Payment shall be made immediately upon presentment of a demand for payment signed by the director of the division or his/her designated representative;

(III) All letters of credit shall conform to a required format. A standard letter of credit form embodying this format shall be provided by the division and is included herein (Irrevocable Letter of Credit, WC-249).

All letters of credit shall be accompanied by an authorization for release of confidential information allowing the director of the division or his/her designee to release confidential information to the issuing bank;

(IV) A demand for payment upon a letter of credit may be presented for payment only upon reasons that bond proceeds would be demanded;

(V) All letters of credit must be negotiable at a financial institution located within Missouri;

(VI) Letters of credit shall have a term of one (1) year and shall be automatically renewable on an annual basis for an additional five (5) years. A letter of credit may be canceled by the issuer sixty (60) days after written notice is delivered to the division. Upon this notice the applicant shall be required to substitute a surety bond within sixty (60) days. If the required bond is not received within that time period, the self nate without notice;

(VII) The division shall not release the letter of credit until it is satisfied, either by audit or otherwise, that no claims exist against the letter;

(VIII) An applicant shall be required to augment letters of credit in any situation where the applicant would be required to increase its coverage under a surety bond.

This additional bonding requirement may be satisfied by increasing the letter of credit, submitting an additional letter of credit, submitting an additional surety bond, or depositing additional securities. Failure to increase the letter of credit amount when required will result in the immediate termina tion of the self insurance privilege without notice; and 4CODE OF STATE REGULATIONS (IX) The division will call upon the letter of credit in the event of a default in the payment of compensation obligations or if alternative security in the form of a surety bond, an irrevocable letter of credit, or escrow deposit is not posted with the division at least thirty (30) days before the expiration of the letter of credit.

D. After an employer has secured his/her liability by any one (1) of the methods provided by these rules and desires to substitute one (1) form of security for the other, substitution may be done with prior approval of the division thirty (30) days before the effective date;

2. All subsidiary corporations or other subsidiary legal entities shall have the parent corporation or other legal entity guarantee its liability for payment of benefits under Chapter 287, RSMo, and shall file such guarantee with the division along with a resolution of the parent entity authorizing such guarantee.

The parent corporation or other legal entity must be in business for at least four (4) years.

The form and substance of such guarantees shall be approved by the division as included herein (Guaranty To Satisfy Compensation Claims Under Workers’ Compensation Law of Missouri, WC-82A);

3. Provide confirmation of specific excess insurance or aggregate excess insurance, or both types of insurance, issued by an insurance carrier admitted by the Department of Insurance, Financial Institutions and Professional Registration to do business in this state with specified policy limits and retention amounts approved by the division. The insurance carrier shall be AM Best rated Aor better or shall have reserves acceptable to the department for a new and unrated company. The terms and conditions of the insurance contract shall be applicable only to Missouri.

This coverage cannot be canceled or nonrenewed unless written notice by certified mail is given to the other party to the policy and to the division not less than sixty (60) days before termination by the party desiring to cancel or not renew the policy; and 4. In accordance with section 287.860, RSMo, each applicant seeking to become a self-insurer, other than self-insured trusts, or individual public sector self-insurers, as defined in section 287.280 or 537.620, RSMo, shall become and remain members of the Missouri Private Sector Individuals Self- Insurers Guaranty Corporation.

(C) If preliminary approval is given, the employer shall be given thirty (30) days from the date of notice of preliminary approval in which to comply with the requirements included in the notice. If the requirements are not met within the time prescribed, plus any approved extension, the application shall be considered withdrawn.

1. At the discretion of the division, the employer may be granted additional time to meet the requirements for approval of the self-insured program. A request for an extension of time shall be made in writing by the employer within the thirty (30)-day compliance period.

(D) The division shall make a final determination to approve or deny the application of the employer. Upon meeting and maintaining the above requirements, an employer shall receive a formal certificate approving its status as a self-insured employer. The privilege shall continue upon filing of annual reports and required tax payments and assessment, until revoked by the division or withdrawn by the employer.

(E) The employer shall file with the division annually a sworn statement of all outstanding death and disability claims as provided in subparagraph (3)(G)2.B. of this rule.

The security filed by the employer shall be at least one-half (1/2) of the outstanding liability shown on the report and shall not be less than required by paragraph (3)(B)1. of this

rule.

1. After considering all of the facts and circumstances, if the division finds that it is not reasonably certain that the employer’s condition is such as to ensure the payment of the employer’s outstanding liability, the employer shall be required to give additional security of the same character as required in paragraph (3)(B)1. of this rule.

2. The division shall also have the right at any time to require additional security in the event of a catastrophe or a change in conditions of the employer, with respect to the financial condition of the employer, its outstanding liabilities for unpaid compensation, an increase in the payroll exposure, or otherwise. When the division determines that the amount of security should be increased, proper notice of such finding shall be given and reasonable opportunity afforded to comply with any added requirements. If the increase in the amount of security is required pursuant to paragraphs (3)(E)1. or 2. of this rule, the employer shall have the right to request a meeting with the division to discuss the increase.

(F) When an employer ceases to be selfinsured under Chapter 287, RSMo the employer may apply to the Division of Workers’ Compensation for the release of the securities held in escrow or trust.

1. Such employer shall file a sworn statement of— A. All of its outstanding liabilities of compensation;

B. All pending claims for compensation; and C. All accidents occurring in its establishment for a period of three (3) years prior to the date of such application.

2. The division shall have the right to require that all of the securities held in escrow or trust be retained for a period of three (3) years from the date of closure of all cases of workers’ compensation liability, and after three (3) years, the division shall have the right to require that all or any part of the securities held in escrow be retained, as deemed advisable by the division and the securities shall be released only on written order of the division.

(G) Reports, upon forms provided by the division and the Missouri Department of Insurance, along with all of the below listed reports, shall be filed by the self-insurer. Any reports of a self-insurer who operates one or more divisions under different trade names, or who operates at different locations under the same name, shall make a consolidated report under its own name. Separate reports in the name of the divisions or of the operations at different locations will not be accepted. Separate reports are required for each legal entity for which there is a separate selfinsurance authority.

1. The following report shall be submitted within ninety (90) days of the end of the calendar year, or fiscal year, whichever is appropriate— A. An itemized sworn statement of the self-insured employer’s assets and liabilities.

2. The following reports shall be submitted within ninety (90) days at the end of the calendar year:

A. A classified workers’ compensation payroll report for the prior calendar year;

B. A sworn statement of all outstanding death and disability claims as of December 31 of each year; and C. A sworn statement of indemnity and medical payments made by the employer for the prior calendar year.

3. On an annual basis each employer shall procure an experience rating sheet from the Uniform Experience Modification Rating Plan of the advisory organization, at the expense of the employer.

4. The employer shall notify the division at least thirty (30) days prior to any change in ownership, operations, service company, address, security or any other change that affects the employer’s self-insurance status.

5. The division may require additional reports, including reports required by the Missouri Department of Insurance and the Missouri Private Sector Individuals Self- Insurers Guaranty Corporation, on an annual or as-needed basis. (Forms provided or approved by the division must be used in making all required reports).

(H) The employer shall permit the division, or its duly authorized representative, to make an examination of the employer’s assets and liabilities and of its books of accounts for the purpose of verifying any financial statement submitted. The division may, in its discretion, accept the report of an independent certified public accountant as proper compliance with this rule. If the division has concerns about the financial condition of an employer after review of any report, a special examination or audit at the expense of the employer may be required by the division.

(I) The division may decline to approve an application for self-insurance or terminate the self-insurance privilege if the employer is unable to demonstrate that the employer will be able to meet all obligations under the Workers’ Compensation Act.

1. The following factors shall be used in determining if the employer can meet those obligations:

A. Profitability, efficiency, solvency and liquidity ratios;

B. Profit and loss history;

C. Organizational structure and management background;

D. Workers’ compensation loss

history;

E. Source and reliability of financial information;

F. Ratio of tangible net worth to annual workers’ compensation premium;

G. Number of employees;

H. Excess insurance coverage;

I. Guarantee by parent company;

J. Surety bond or other security;

K. Claims administration;

L. Safety program;

M. Experience modification factor; and N. Other relevant factors as determined by the division.

2. Notice of a denial or termination of self-insured status, except where a self-insurer has failed to continuously maintain security in an amount required by the division, shall be mailed to the employer. Failure to maintain security will result in immediate termination of self-insurance authority. The notice shall include the grounds for denial or termination. If the employer disagrees with this action, it may request a hearing before the director to review the denial or termination. The decision of the director may be reviewed according to the provisions of sections 287.470 and 287.480, RSMo.

(J) The privilege of self-insurance may be revoked by the division at any time upon reasonable notice for good cause shown. Failure to comply with any portion of this rule or with the rules of practice and procedure of the division or of the Labor and Industrial Relations Commission of Missouri, or with an order or decision of the division, or the Labor and Industrial Relations Commission, or Court of Appeals, within the time prescribed therein, may be considered prima faciecause for revocation. Disregard of any of the provisions of Chapter 287, RSMo as to the time, method of payment of compensation benefits, the furnishing of medical treatment, the filing of all accident and compensation reports, or failure to make payment of taxes or assessments or surcharges as required by law, or willful and intentional violation with intent to defraud employees of their compensation rights, may also be cause for revocation. Insolvency of the employer, or fraud or material misrepresentation in procuring the certificate of authority, shall also constitute cause for revocation. Upon failure of a selfinsurer to continuously maintain security, in the amount required by the division, the selfnate without notice. The employer may file for a review of a revocation according to paragraph (3)(I)2. and subsection (9)(C) of this rule.

(4) Trust Self-Insurers—Application.

(A) Application for group coverage for the express purpose of establishing a group selfinsurers’ trust, to be administered under the direction of an elected board of trustees, and to provide workers’ compensation coverage shall be made to the division. The application shall be made on a form prescribed by the division and shall contain answers to all questions. The following groups may apply:

1. A group of at least ten (10) members with separate ownership;

2. Private employers in the same industry, bona fide, or regular members of a Missouri chartered association that has filed its annual registration report with the secretary of state for at least eight (8) years; or 3. Public employers of the same type of unit including, but not limited to, groups organized pursuant to section 537.610, RSMo.

(5) Trust Self-Insurers—Additional Requirements.

(A) The application on division-approved form included herein (Application for Group Self Insurance, WC-81A), as submitted by the board of trustees of the self-insurers’ trust, shall be accompanied by all of the following:

1. A copy of the bylaws and trust agreement of the proposed group self-insurers’ trust which shall be approved by the division.

The trust agreement shall include an indemnity clause which jointly and severally binds the group and each member thereof for payment of benefits to employees of members of the group and all other liability pursuant to

Chapter 287, RSMo. A copy of the bylaws of the association or organization, if applicable, shall also be submitted. If there is a conflict between these bylaws or trust agreement and any rule or statute, such statute or rule shall supersede the bylaws or trust agreement;

2. An individual application of each member of the group applying for coverage in the trust on division-approved form included herein (Application for Membership In The, WC-81B), including acceptance or execution of the trust agreement, current financial statements, experience modification worksheet from the uniform experience modification plan of the advisory organization, premium worksheet, and three (3) years prior loss runs for all members. The loss runs shall be filed separately and combined;

3. A current financial statement of each member of a self-insurers’ group which taken collectively depicts the combined net worth of all members applying for coverage on the inception date of the trust which shall not be less than five (5) million dollars;

4. A composite listing of the estimated annual premium to be developed by each member of the group individually and in total as a group. The trustees shall provide proof, satisfactory to the division, that the total estimated annual premium of the trust will be at least one (1) million dollars;

5. Proof of payment by each member of not less than twenty-five percent (25%) of the estimated annual premium into a designated depository in the state of Missouri at inception, with the remainder paid in equal monthly or quarterly payments during the premium year, however, a member may make premium payments in advance of this schedule;

6. A nonrefundable filing fee in the amount of five hundred dollars ($500)

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7. Designation of the board of trustees and executive director of the trust. The executive director may be the chairman of the board of the trust or another person, so long as the designee meets the requirements of paragraph (1)(A)3.;

8. A budget showing all expected income and expenses on an accural basis for the trust’s first year;

9. Proof shall be provided to demonstrate that, within its own organization, the trust has ample facilities and competent personnel to service its own program with respect to underwriting matters and safety/loss control services or shall contract with an approved service company to provide these services. A service company shall have personnel or a safety/loss control service program certified by the division’s Missouri Workers’ Safety Program. Underwriting guidelines and the safety/loss control service program shall be submitted to the division; and 10. Other relevant information including any supporting documentation as requested by the division.

(B) The division shall make a preliminary determination based on the factors set out in paragraph (3)(I)1. to approve or deny the application and shall notify the applicant.

Upon preliminary approval of the application, the trust shall comply with the following:

1. Security shall be furnished in the amount set by the division, which may be changed if it is deemed advisable. The security will be provided in accordance with paragraph (3)(B)1. of this rule except the minimum amount is set at five hundred thousand dollars ($500,000). Any trust in existence on the effective date of this rule shall comply with this requirement by December 31, 1997.

Any collateralization of security shall be provided by the members of the trust or governing association or organization, if applicable, and shall not encumber the assets of the trust;

2. Provide confirmation of specific and aggregate excess insurance in a form and amount approved by the division and issued by a company admitted by the Department of sional Registration to transact business in this state or a substitute arrangement approved by the division. The insurance carrier shall be AM Best rated A- or better or shall have reserves acceptable to the department of a new and unrated company. The terms and conditions of the insurance contract shall be applicable only to Missouri. This coverage cannot be canceled or nonrenewed unless written notice by certified mail is given to the other party to the policy and to the division not less than sixty (60) days before termination by the party desiring to cancel or not renew the policy; and 3. Provide proof of a fidelity bond or employee dishonesty policy of not less than one (1) million dollars for trustees and service companies, as well as proof of an errors and omissions policy or professional liability policy for the service companies, and directors and officers liability policy for trustees of the plan in a form and an amount acceptable to the division.

(C) If preliminary approval is given, the trustees shall be given thirty (30) days from the date of notice of preliminary approval in which to comply with the requirements included in the notice. If the requirements are not met within the time prescribed, the application shall be considered withdrawn.

1. At the discretion of the division, the trust may be granted additional time to meet the requirements for approval of the selfinsured program. A request for an extension of time shall be made in writing by the trust within the thirty (30)-day compliance period.

If the division does not receive proof that all requirements for the self-insured program have been met within the time prescribed, the application shall be considered withdrawn.

2. The division shall make a final determination to approve or deny the application of the trust. Upon meeting the requirements, the trust shall receive a formal certificate approving its status as a self-insured trust.

The privilege shall continue until revoked by the division or withdrawn by the trust.

(D) Any trust that is finally approved under the provisions of subsection (5)(C), or has been approved prior to the effective date of this rule, shall also be required to remain in compliance with the provisions of paragraphs (5)(A)1. and 6.–10., the provision of subsections (5)(E) and (5)(F), and the provisions of sections (6)–(9) of this rule during the continued existence of the trust.

1. Any trust that is finally approved under the provision of subsection (5)(C), or has been approved prior to the effective date of this rule, shall also be required to maintain a minimum annual audited collected premium of at least one (1) million dollars, except as set out in paragraph (5)(D)2.

2. Any trust approved prior to the effective date of this rule that does not have a minimum annual audited collected premium of at least one (1) million dollars on the effective date of the rule shall not be required to comply with the provisions of paragraph (5)(D)1. Any such trust shall be required to maintain a minimum estimated annual premium level not less than ninety-five percent (95%) of the amount of that trust’s annual audited collected premium as of July 1, 1997.

Any such trust shall maintain a surplus to annual audited collected premium ratio of at least twenty-five percent (25%). This ratio shall be determined annually beginning July 1, 1997, based on the trust’s most recent audited financial reports. The trust may elect to comply with the provisions of paragraph (5)(D)1. by July 1, 1997, in lieu of the requirements of this paragraph.

(E) The trust shall have authority to admit and terminate members subject to the follow- 1. After the inception date of the trust, prospective new members of the trust shall submit an application for membership to the board of trustees, on a form approved by the division included herein (Application For Membership In The, WC-81B). If approved by the trustees, the trust may immediately bind the new member. The application for membership with all documents required by paragraph (5)(A)2. and proof of compliance with subsection (5)(A), shall within fifteen (15) days of the effective date of the application, be filed with the division for approval or denial. The division shall approve or deny the application, and notify the trust, within twenty (20) days of receipt of the application; and 2. Individual members of a group shall be subject to cancellation by the division for failure to comply with any of these rules, or by the trust pursuant to the bylaws of the trust. Additionally, individual members of the trust may elect to terminate their participation in the trust subject to the provisions of their respective trust agreement or bylaws. However, such termination or cancellation shall not be effective for thirty (30) days, or such longer period as may be provided for in the trust agreement, after all parties have been notified of the termination or cancellation.

(F) The privilege of the trust to self-insure may be revoked by the division at any time upon reasonable notice for good cause shown. Failure of the trust or any member of the trust to comply with any portion of this

rule or with the rules of practice and procedure of the division or of the Labor and Industrial Relations Commission of Missouri, or with an order or decision of the Division of Workers’ Compensation, or the Labor and Industrial Relations Commission or Court of Appeals within the time prescribed therein, may be considered prima faciecause for 8CODE OF STATE REGULATIONS revocation. Disregard of any of the provisions of Chapter 287, RSMo, as to the time, method or payment of compensation benefit, the furnishing of medical treatment, the filing of all accident and compensation reports, or failure to make payment of tax or assessments as required by statute, or willful and intentional violation with intent to defraud employees of their compensation rights, may also be cause for revocation. Insolvency of the trust, fraud or material misrepresentation in procuring the certificate of authority, or the misappropriation of trust funds by the executive director or trust shall also constitute cause for revocation. Upon failure of the trust to continuously maintain security in the amount required by the division, the selfnate without notice and hearing. The trust may file for review of a revocation according to paragraph (3)(I)2. and subsection (9)(C) of this rule.

(6) Trust Self-Insurers—Reports.

(A) Reports as to financial standing, excess coverage, coded workers’ compensation payroll records, accident experience, premium collections, and compensation payments shall be made by each trust at the times and manner, and upon such forms as the division may require, as follows:

1. A statement of financial condition of the trust audited by an independent certified public accountant shall be filed annually with the division and within one hundred fifty (150) days after the end of the trust’s fiscal year. The division may grant additional time to file upon application of the trust for good cause shown. The financial statement, not limited to actuarially appropriate reserves, shall include as liabilities: all known claims and expenses associated therewith; all claims incurred but not reported and expenses associated therewith; all unearned premiums; and all bad debts. The division reserves the right to prescribe the type of audits to be made and a uniform accounting system to be used by self-insurers’ trusts and service companies to determine the solvency of the group selfinsurers’ trust;

2. An annual actuarial study regarding reserves for all known claims and expenses associated therewith, and claims incurred but not reported and expenses associated therewith, which shall be included in the actuarial study. The study shall be given by a member in good standing of the American Academy of Actuaries or of the Casualty Actuarial Society who has been approved as qualified for signing casualty loss reserve opinions by the Casualty Practice Council of the American Academy of Actuaries and shall have experience in Missouri workers’ compensation.

The opinion shall be issued with a Statement of Actuarial Opinion as to the adequacy of the losses, loss adjustment expenses, and rates contained in the study;

3. Annually, or for a shorter term which must be approved by the division all rates utilized by the trust for each term must be filed.

The rates must be accompanied by a report of estimated annual premium and projected expenses. Projected expenses should include estimated administrative expenses and estimated workers’ compensation liabilities. The statement of estimated workers’ compensation liabilities shall be actuarially developed and may be combined with the opinion required in paragraph (6)(A)2. Estimated annual premiums shall exceed projected expenses. Upon acceptance of the filed rates by the division, the accepted rate shall remain constant for the full term. The rates may be calculated as follows:

A. Rates actuarially developed on the trust’s own experience; or B. From the pure premiums rates developed and published by the advisory organization or the Department of Insurance, Financial Institutions and Professional Registration; or C. From the rates calculated by the Department of Insurance, Financial Institutions and Professional Registration based on rates filed by the twenty (20) insurance companies providing the greatest volume of workers’ compensation insurance coverage;

4. A quarterly claim activity summary report listing paid and reserved indemnity, medical and claims expenses for each trust year. A trust year is considered open as long as one (1) claim for that trust year remains unsettled;

5. A copy of the minutes of all trustee meetings shall be submitted within thirty (30) days of the meeting;

6. A quarterly financial statement;

7. Annual tax and assessment reports of the Department of Insurance, Financial Institutions and Professional Registration which shall be filed with the department. The uniform experience rating plan promulgated by the advisory organization shall be used in determining the modified premium;

8. Additionally, trusts shall utilize a uniform experience rating plan promulgated by an approved advisory organization. Trusts shall develop experience ratings for their members based on the plan;

9. All advertising and informational brochures shall be submitted to the division for review and comment within thirty (30) days after distribution and use. If the division disapproves, the trust shall revise the material and distribute only the new material, which shall include an explanation of all changes to be sent to all persons that received the new material;

10. The trust shall notify the division at least thirty (30) days prior to any change in ownership, officers, trustees, operations, service company, address, security, or any other change that affects the trust’s self-insurance status. If a member of the trust changes address or ownership, the trust shall notify the division within thirty (30) days of the change;

11. The Annual Report for Self-Insured Trusts shall be filed annually with the division within one hundred fifty (150) days from the end of the calendar year; and 12. Other reports as determined by the division.

(B) Any trust which fails or refuses to file the above reports within the time limits prescribed in these rules may be notified that its

(7) Trust Self-Insurers; Trustee Responsibilities. To ensure the financial stability of the operation of each self-insured trust, the board of trustees shall be responsible for all operations of the trust. The board of trustees shall have at least five (5) persons elected from the membership of the trust, association, or organization for stated terms of office, to direct the administration of the trust. The board’s duties shall include responsibility for approving application for membership in such trust.

A trustee, employee of the trust, or immediate family member shall not be an owner, officer, or employee of the trust’s service company(ies). The board of trustees of each trust shall take all necessary precautions to safeguard the assets of the trust, including but not limited to, all of the following:

(A) Where the trust has designated a fiscal agent to administer the financial affairs of the trust, the fiscal agent, as obligee, shall furnish security as provided by paragraph (5)(B)3. in an amount sufficient, but not less than one (1) million dollars, to protect the trust against the misrepresentation or misuse of any monies or securities. The amount of the bond or policy shall be determined by the division and evidence of such shall be filed as one (1) of the conditions required for approval of the establishment and continued operation of a self-insurers’ trust;

(B) Retain responsibility for all monies collected or disbursed from the trust, which shall be placed in a designated depository.

Trusts with three (3) years or less of experience shall separate all monies into a claims trust account and an administrative trust account. The claims trust account shall consist of the loss and loss adjustment expense portion of the premium. The remaining premium shall be placed in the administrative trust account. Such designated depository shall be a Missouri bank or trust company.

Interest earned shall accrue to its respective account. Such accounts shall be invested in United States treasury bills, notes, or bonds, certificates of deposit issued by a duly chartered commercial bank, or a transaction account of the designated depository. The executive director of the trust shall establish a revolving trust or account for use by the authorized service company, for use in claims payments;

(C) An audit of the accounts and records of the trust shall be conducted annually or at any time required by the division, at the expense of the trust unless the audit is conducted by the division. Audits shall be made by independent certified public accountants or by authorized representatives of the division.

The division reserves the right to prescribe the type of audits to be made and a uniform accounting system to be used by self-insurers’ trusts and service companies to determine the solvency of the group self-insurers’ trust;

(D) Monies collected as premiums shall not be utilized by the board of trustees or its fiscal agent, service company or executive director for any purpose unrelated to workers’ compensation. Further, monies shall not be borrowed from the trust, or in the name of the trust, without prior approval of the division which shall be based on the nature and

purpose of such loan. Surplus monies from a prior trust year not needed for current obligations may be invested as set out in subsection (7)(B) of this rule. Upon approval of the division, up to twenty-five percent (25%) of these surplus monies may be invested in securities designated by the Office of the State Treasurer as acceptable collateral to secure state deposits pursuant to section 30.270.1, RSMo;

(E) Deposits in commercial banks shall be limited to institutions in Missouri and shall not exceed the federally insured amount in any one (1) account, except that the federally insured amount on any one (1) account may be exceeded if the amount involved in such an account is fully collateralized under banking rules for political subdivisions, but may not otherwise exceed either of the following factors:

1. Five percent (5%) of the combination of surplus and undivided profits and reserves as currently reported for each bank in this state in the biennial report of the Division of Finance of the Department of Economic Development; and 2. Five hundred thousand dollars ($500,000) per institution;

(F) The board of trustees may delegate

(8) Trust Self-Insurers Trusts—Discounts, Sur charges, Surplus Distribution, Deficits.

(A) The trust shall not authorize total discounts for any individual member exceeding twenty-five percent (25%). All discounts shall be based on objective quantitative factors and applied uniformly to all trust members.

(B) The trustees of any trust may apply a surcharge in excess of the estimated annual premium to any member with an unfavorable loss experience.

(C) Any surplus monies for a trust year in excess of the amount necessary to fulfill all obligations under the Chapter 287, RSMo, for that trust year, including a provision for claims incurred but not reported, may be declared to be refundable by the trustees one (1) year after the close of the trust year and shall be payable to the members after having been approved by the division. Any request for distribution of surplus monies must be accompanied by the actuarial opinion required by paragraph (6)(A)2. of this rule.

The division will grant the application if sufficient monies are retained to assure that total assets are greater than total liabilities for each trust year.

(D) In the event of an aggregate deficit in all trust years, the trust shall immediately notify the division and the deficit shall be made up immediately from any of the follow- 1. By an increase to the trust’s security amount;

2. By assessment of the membership, as indicated in the trust’s bylaws;

3. By increased rates for subsequent years; or 4. By such alternative method as the division may approve.

(E) Trusts with more than three (3) years of experience shall meet the following: aggregate surplus plus their current security amount shall be greater than either one and one-half (1 1/2) times the largest historical per occurrence retention or twenty percent (20%) of the trust’s current estimated annual premium. If the trust does not meet the surplus requirement within the term of the plan of action approved by the division, or any extension that may be granted at the division’s sole discretion, the trust shall come into compliance by utilizing any of the four (4) options available in subsection (8)(D).

(9) Individual Self-Insured Employers and Trust Self-Insurers—Location of Administration or Service Office, Miscellaneous.

(A) The division shall have the authority to conduct audits relating to safety, claims and any other audits deemed necessary and appropriate as determined by the division, and such audits will be performed at the expense of the employer or trust, unless the audit is conducted by the division.

(B) Employee leasing arrangements shall comply with rules promulgated by the Department of Insurance.

(C) Any order of the division may be reviewed on application of the self-insured employer or trust. The director or the director’s designee shall review the matter, including the discretion to take evidence, if necessary in the review.

1. Any review by the director or the director’s designee that involves the taking of evidence shall be conducted as a hearing according to the provisions of 8 CSR 50- 2.010. Any order of the director or the director’s designee shall be subject to review according to the provisions of sections 287.470 and 287.480, RSMo.

2. Any review by the director or the director’s designee that does not involve the taking of evidence shall be conducted informally. Any order of the director or the director’s designee shall be subject to review by the director of the Department of Labor and Industrial Relations.

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Amended: Filed Sept. 4, 1963, effective Sept. 15, 1963. Amended: Filed Jan. 8, 1971, effective Jan. 19, 1971. Amended: Filed Dec. 14, 1972, effective Dec. 26, 1972. Amended:

Filed Aug. 26, 1975, effective Sept. 5, 1975.

Rescinded: Filed Oct. 27, 1982, effective March 11, 1983. Readopted: Filed Jan. 11, 1982, effective June 11, 1982. Rescinded and readopted: Filed March 6, 1996, effective Nov. 30, 1996. Amended: Filed Aug. 15, 2008, effective Feb. 28, 2009. *Original authority: 287.280, RSMo 1939, amended 1957, 1965, 1974, 1980, 1981, 1993, 1995, 1998 and 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995, 1998.

History

• authority to be self-insured will be terminated according to the provisions of subsection (5)(E).
• authority for specific functions to the plan administrator of the self-insured trust. The functions which may be delegated include, but are not limited to, contracting with a service company, determining the premium charged and refunds payable to members, and approving applications for membership. All delegated authority shall be specifically defined in the written duly adopted bylaws of the trust and shall be subject to final approval by the division; and (G) The trustees shall not have authority to extend credit to individual members for payment of premium.
• AUTHORITY: sections 287.280 and 287.650, RSMo 2000. Original rule filed Dec. 28, 1953, effective Jan. 3, 1954. Amended: Filed Jan. 15, 1960, effective Jan. 26, 1960.

Chapter 4 Rehabilitation

8 CSR 50-4.010 Rules Governing Rehabilitation {#sec-8-csr-50-4.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-4.010}

PURPOSE: This rule is concerned with the physical rehabilitation of seriously injured employees and the certification of rehabilitation facilities. As provided by the statute, only those seriously injured workers receiving physical rehabilitation in facilities certified by the division are entitled to benefits from the Second Injury Fund under section 287.141.3, RSMo. This does not mean that workers cannot be rehabilitated in other facilities, but it does mean, if they are, that they cannot receive the Second Injury Fund benefits provided in section 287.141.3, RSMo.

(1) Section 287.141, RSMo provides for physical rehabilitation of a seriously injured person, for the division to administer the benefits to the injured worker as provided, and for the division to investigate and certify rehabilitation facilities.

(2) Words and phrases used in these rules are declared to mean:

(A) Director—Director of the Division of Workers’ Compensation;

(B) Division—Division of Workers’ Compensation;

(C) Employee—seriously injured worker who is offered and accepts physical rehabilitation or who is ordered by the division to be qualified to receive physical rehabilitation;

(D) Employer—as defined by and used in the Workers’ Compensation Law of Missouri;

(E) Facility or rehabilitation facility—an institution or facility that provides medical, surgical, hospital or physical restoration services;

(F) Insurer—as defined by and used in the Workers’ Compensation Law of Missouri; and (G) Physical rehabilitation—physical restoration of an injured worker as soon as possible and as nearly as possible to a condition of self-support and maintenance as an able-bodied worker. The term shall include medical, physical and occupational therapy provided on an inpatient or outpatient basis.

The term shall exclude vocational rehabilitation as defined by section 287.143 through

section 287.148, RSMo.

(3) Certification of Rehabilitation Facilities.

(A) The division shall employ such necessary technical and clerical personnel as may be required for the effective administration of the functions and duties provided in section 287.141, RSMo. The division may investigate a rehabilitation facility for the purpose of certification or renewal of certification. A report of the investigation shall be made available to the facility requesting certification. Each report shall include findings specifically as to the standards required by

section 287.141.2, RSMo. The report shall be preserved as part of the division’s record of certification. The information obtained by the division in the certification process shall be confidential.

(B) In order to qualify as a rehabilitation facility, the facility must meet the specifications as to function, personnel, equipment and direction set forth in section 287.141.2, RSMo. If the facility currently maintains either Commission on Accreditation of Rehabilitation Facilities (CARF) or Joint Commission on Accreditation of Hospital Organizations (JCAHO) certification, the facility will be certified for purposes of this

rule. For facilities not certified by CARF or JCAHO the division will supply the standards for certification to the facility upon their application.

(C) Upon investigation, the division will grant or deny certification of the facility.

(D) The division shall issue a certificate of qualification to a facility it finds meets the requirements of subsection (3)(B) of this rule.

The division shall continuously maintain a complete roster by name and address of certified facilities in good standing.

(E) The original certification of a facility is not a guarantee of its continued certification.

The division may revoke a facility’s certification if a facility fails to continuously maintain the standards set forth in subsection (3)(B) of this rule.

(F) The division will notify the facility of the grounds for denial or revocation of the certification or renewal of certification, in writing. The facility may within thirty (30) days of the date of written denial or revocation, request a hearing before the director.

The director or the director’s designee shall review the matter, including the discretion to take evidence, if necessary, in the review.

Any review by the director or the director’s designee that involves the taking of evidence shall be conducted as a hearing according to the provisions of 8 CSR 50-2.010. Any order of the director or the director’s designee shall be subject to review according to the provisions of sections 287.470 and 287.480, RSMo.

(4) Eligibility of Second Injury Fund Benefits.

(A) The division shall determine whether the injury is a serious injury as set forth in subsection (4)(B) of this rule and whether the facility is a certified facility pursuant to sub-

section (3)(B) of this rule. The division may rely on the opinion of the treating physician in its determination of the injury as being serious. It is the seriousness of the injury rather than the type of treatment that determines the employee’s eligibility of the benefit.

(B) The division considers the following injuries as serious: quadriplegia, paraplegia; amputations of the hand, arm, foot or leg; atrophy due to nerve injury or nonuse; back injuries not amenable alone to recognized medical and surgical procedures; crushing injuries; severe burn injuries; and other injuries in the division’s discretion that may constitute a significant impairment.

(C) If the division determines payment of the benefit is owing, the division thereupon shall enter its approval, advise the parties of its action and requisition weekly payments out of the Second Injury Fund, to be paid the employee. The division itself may identify cases appropriate for payment of the Second Injury Fund benefit, in such cases the division shall requisition weekly payments and shall notify the parties to the case of its action.

(D) Where the need for physical rehabilitation is shown to the satisfaction of the division to require a period greater than twenty (20) weeks, the division shall issue a special order for such additional period. The division shall continue to requisition the amount provided by section 287.141.3, RSMo, out of the Second Injury Fund to the injured employee while he or she is being rehabilitated.

(E) In the gravest of injuries, the division may consider interruptions of physical rehabilitation for medical reasons in determining benefits.

(F) A facility shall inform the division in such a manner as determined by the division, the period during which an employee is actually being rehabilitated and submit a complete progress report when requested by the division.

(5) Any dispute arising under sections 287.141.2 and 287.141.5, RSMo, or a denial of payment of the Second Injury Fund benefit under section 287.141.3, RSMo, shall be governed by the provisions of this section.

(A) If the parties disagree as to the provisions or acceptance of physical rehabilitation or the division has denied payment of the Rebecca McDowell Cook (8/31/00)

Second Injury Fund benefit provided in section 287.141.3, RSMo, the employee or the employer or the insurer may file a request for a hearing with the division.

(B) Hearing on a request filed under sub-

section (A) shall be held at a place and time to be set by the division and shall be informal in all respects. The rules of evidence in civil proceedings shall not apply. Such hearing may be held by the director or by the director’s designee.

(C) Resetting the hearing date for evidence shall only be granted under unusual circumstances.

(D) Requests for continuances must be in writing and will not be granted except under extraordinary circumstances.

(E) The hearing will be recorded. A transcription of the hearing will be made upon request and shall be available to the parties in like manner and for the same fees as provided in 8 CSR 50-2.020.

(F) Within ten (10) days after the hearing and after considering all the evidence, the division shall issue an order either granting or denying the request for physical rehabilitation or the Second Injury Fund benefit. A copy of the order shall be sent to all parties.

When the order grants physical rehabilitation or the Second Injury Fund benefit, it shall include an order to requisition payment of the amount provided by section 287.141.3, RSMo, from the Second Injury Fund to the injured employee during such time as the employee is receiving physical rehabilitation.

(G) All parties must comply with an order of the division within thirty (30) days from the date of said order, unless the order itself specifically provides otherwise.

(H) A request for a review of an order of the division issued pursuant to section 287.141.5, RSMo and section 287.141.3, RSMo is governed by the provisions of section 287.480, RSMo and section 287.495, RSMo.

Cole v. Morris409 SW2d 668 (1966). The state treasurer, as custodian of the Second Injury Fund, can be subrogated to the rights of the employee against a third-party tort-feasor on the same logic as an employer’s right of subrogation to tort claims in favor of his/her injured employee against third person, without statutory enactment to this effect.

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History

• AUTHORITY: section 287.141, RSMo 1994. Original rule filed Aug. 14, 1956, effective Aug. 25, 1956. Amended: Filed May 1, 1973, effective May 12, 1973. Amended: Filed Aug. 26, 1975, effective Sept. 5, 1975. Rescinded and readopted: Filed Jan. 21, 2000, effective Sept. 30, 2000. Original authority: 287.141, RSMo 1951,amended 1969, 1971, 1974, 1975, 1978, 1979, 1980, 1983.

Chapter 5 Determination of Disability

8 CSR 50-5.005 Presumption of Occupational Disease for First Responders {#sec-8-csr-50-5.005 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-5.005}

Emergency rule filed April 8, 2020, effective April 22, 2020, expired Feb. 1, 2021.

History

• AUTHORITY: section 287.650, RSMo 2016.

8 CSR 50-5.007 Evidence of Occupational Disease Exposure for First Responders {#sec-8-csr-50-5.007 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-5.007}

PURPOSE: The intent of this rule is to clarify that certain evidence related to exposure of First Responders to COVID-19 will be available for review in proceedings under Chapter 287, RSMo. This rule is also for the purpose of providing protections for First Responders in the state of Missouri related to the COVID- 19 public health emergency. This rule implements clarifications to the Missouri Workers’ Compensation Law effected by the Governor’s Executive Order 20-19 (originally Executive Order 20-02) and pursuant to the Governor’s emergency powers under Chapter 44, RSMo. This rule will also assist the Missouri State Department of Health and Senior Services in performing their critical duties of providing for the health and welfare of Missouri citizens.

(1) A First Responder, defined as a law enforcement officer, firefighter, or an emergency medical technician (EMT), as such occupations are defined in section 287.243, RSMo, who has contracted COVID-19 may present evidence in the form of an affirmation from their employer that the First Responder’s duties were such as to create an occupational exposure to COVID-19. In any proceeding under Chapter 287, RSMo, such affirmation may be relied upon as sufficient competent evidence in the record for a finding that the occupational disease arose out of and in the course of such employment and that such occupational exposure was the prevailing factor in causing the resulting medical condition, disability, and/or death. When such affirmation is presented, medical conditions, disability, and/or death resulting from COVID-19 shall be considered to follow as an incident of an occupational disease and shall not be considered an ordinary disease of life to which the general public is exposed outside of the employment.

(2) The authorization referred to in section (1) shall be made on the following form, the sole purpose of which is to be submitted as evidence in a proceeding under Chapter 287, RSMo. As used in this section, the term “Authorized Employer Representative” shall mean a person with supervisory authority over, and with personal knowledge of the daily work-related duties of, the named First Responder.

Affirmation of Employer—Scope of Employment of First Responder Employee By signing this form I affirm by personal knowledge or belief that the individual named below is a First Responder as defined in section 287.243, RSMo and that such individual’s duties arising in the normal scope and course of his/her employment do require and cause in-person interactions with the public, in a manner not typically required of the general public, as to expose him/her to COVID-19 and that such individual did perform such duties during the time of a declared state of emergency.

This form shall constitute evidence that may be offered in a proceeding under Chapter 287, RSMo.

First Responder Employee (Name): ____________________________________________ Employer: _________________________________________________________________ Authorized Employer Representative (Name/Title): _________________________________ Authorized Employer Representative (Signature): __________________________________ In Witness whereof, I have hereunto subscribed my name and affixed by official seal this ______ day of ___________, 20. ____________________________ Notary Public My Commission Expires: ____________________ (3) Section (1) shall not apply if a subsequent medical determination establishes that the First Responder did not contract COVID-19.

(4) Notwithstanding section (1), if the weight of sufficient competent evidence demonstrates that a First Responder contracted COVID-19 resulting from exposure that was not related to the First Responder’s employment, the claim shall not be compensable.

(5) The provisions of this rule shall cease to be in effect at the expiration of the state of emergency declared in Executive Order 20-19 (originally declared in Executive Order 20- 02) or any successor executive order extending the state of emergency, whichever occurs later.

rule filed Jan. 22, 2021, effective July 30, 2021. 1949, 1961, 1980, 1993, 1995, 1998, 2012.

History

• AUTHORITY: section 287.650, RSMo 2016. Emergency rule filed Jan. 15, 2021, effective Feb. 1, 2021, expired July 30, 2021. Original

8 CSR 50-5.010 Ratings for Loss of Teeth establish benefits due for loss of teeth. {#sec-8-csr-50-5.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-5.010}

(1) Loss of teeth shall be rated as permanent partial disability and compensation shall be paid for the period set forth in the following table. Each cutting, eye or wisdom tooth shall be counted as one (1) tooth and each molar or grinding tooth as two (2) teeth.

(2) In addition to all other compensation, loss of front teeth only shall be rated as disfigurement in an amount sufficient to cover the reasonable cost of artificial teeth.

Number of Weeks Teeth Compensation 1/8 .16 1/4 .31 1/3 .42 1/2 .63 2/3 .83 3/4 .94 7/8 1.09 1 1.25 2 2.50 3 3.75 4 5.00 5 6.25 6 7.50 7 8.75 8 10.00 9 11.25 Number of Weeks Teeth Compensation 10 12.50 11 13.75 12 15.00 13 16.25 14 17.50 15 18.75 16 20.00 17 21.25 18 22.50 19 23.75 20 25.00 21 26.25 22 27.50 23 28.75 24 30.00 25 31.25 26 32.50 27 33.75 28 35.00 29 36.25 30 37.50 31 38.75 32 40.00 33 41.25 34 42.50 35 43.75 36 45.00 37 46.25 38 47.50 39 48.75 40 50.00 41 51.25 42 52.50 43 53.75 44 55.00 45 56.25 46 57.50 47 58.75 48 60.00 Jan. 3, 1954. Amended: Filed May 1, 1973,

8 CSR 50-5.020 Evaluation of Visual Disabilities {#sec-8-csr-50-5.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-5.020}

PURPOSE: This rule sets forth procedures to evaluate visual disability.

(1) Compensable disability for loss of vision should be based on that proportional part of the compensation provided by law for loss of use or loss of function of one (1) or of both eyes which expresses the percentage loss of visual efficiency of the individual.

(A) Visual acuity as used in this rule means the best acuity obtainable at twenty feet fourteen inches (20'14") without the use of ophthalmic lenses, except that corrective lenses shall be used for natural presbyopia and other conditions clearly not the result of injury.

(B) Visual efficiency is defined as that degree or percentage of competence of the eye to accomplish its physiologic function.

(C) Loss of binocular single vision is equivalent to the loss of use of one (1) eye.

(D) The reduction in visual acuity to 20/200 (6/60 where the metric system is used) or a reduction in visual efficiency to ten percent (10%) or less constitutes industrial blindness.

(E) When both eyes are involved in a permanent visual disability, the efficiency of the coordinate function of both eyes should be determined on the basis of permanent partial disability of the body as a whole.

(2) There are three (3) elements of vision, each of which has an interdependent and coordinate relation to full visual efficiency.

These coordinate factors are acuteness of vision (central visual acuity), field of vision and muscle function. Although these factors do not possess an equal degree of importance, no act of vision is perfect without the coordinate action of all. Other functions, though secondary and dependent, are recognized as important, such as, for instance, depth perception, stereoscopic vision, fusion sense, color perception, adaptation to light and dark and accommodation. These secondary functions are inherently dependent on the status of the three (3) primary coordinate functions of vision and they also depend upon the condition of the central nervous system.

(3) In order to determine the various degrees of visual efficiency, a) normal or maximum, and b) minimum limits for each coordinate function must be established, that is, the one hundred percent (100%) point and the zero percent (0%) point.

(A) The maximum efficiency for each of these is established by existing and accepted standards.

1. Central visual acuity. The ability to recognize letters or characters with subtend an angle of five (5) minutes, each unit part of which subtends a one (1) minute angle, is accepted as standard. Therefore a 20/20 (6/6 metric) Snellen is employed as the maximum acuity of central vision or one hundred percent (100%) acuity.

2. Field vision. A visual field having an area which extends from the point of fixation outward eighty-five degrees (85°), down and out eighty-five degrees (85°), down sixty-five degrees (65°), down and in fifty degrees (50°), inward sixty degrees (60°), in and up fifty-five degrees (55°), upward forty-five degrees (45°), and up and out fifty-five degrees (55°) is accepted as one hundred percent (100%) industrial visual field efficiency.

3. Muscle function. A maximum normal muscle function is present when binocular single vision is present in all parts of the field of binocular fixation or when there is no limitation of motion in either eye.

(B) The minimum limit or the zero percent (0%) of each of the coordinate functions of vision is established as that degree of deficiency which reduces vision to a state of uselessness.

1. Central visual acuity. Experience, experiment and authoritative opinion establish that a distance central visual acuity of 20/200 Snellen and a near central visual acuity of 14/140 is the accepted threshold of industrial blindness.

2. Field of vision. The minimum limit for this function is established as a concentric central contraction of the visual field to five degrees (5°). This degree of contraction of the visual field reduces the visual efficiency to zero (0).

3. Muscle function. The minimum limit for this function is established by the presence of diplopia in all parts of the motor field, the loss of binocular single vision or inability to rotate the eye to any point of fixation in the normal motor field. These conditions constitute zero visual efficiency.

TABLE NO. 1

Percentage Loss of Visual Efficiency Corresponding to Snellen Notations for Distant and for Near Vision for Measurable Range of Quantitative Visual Acuity Using 20/200 = 100% Loss Percent- Percent- Snellen age of age of Notation Visual Visual at 20 feet Snellen at Efficiency Efficiency or 6 m 14 inches Retained Loss 20/20 14/14 100.0 0.0 20/25 14/17.5 94.0 6.0 20/30 14/21 88.0 12.0 20/35 14/24.5 82.4 17.6 20/40 14/28 77.4 22.6 20/45 14/31.5 72.8 27.2 20/50 14/35 68.1 31.9 20/60 14/42 60.0 40.0 20/70 14/49 52.5 47.5 20/80 14/56 46.4 53.6 20/90 14/63 41.2 58.8 20/100 14/70 35.9 64.1 20/120 14/84 27.8 72.2 20/140 14/98 20.2 79.8 20/160 14/112 13.0 87.0 20/180 14/126 6.0 94.0 20/200 14/140 0.0 100.0 (4) Visual acuity shall be measured both for distance and for near, using the Snellen notation, each eye being measured separately.

Central visual acuity for distance shall be measured at a test distance of twenty feet (20') or six meters (6 m). Central visual acuity for near shall be measured at a test distance of fourteen inches (14") or thirty-five centimeter (35 cm). The best central visual acuity obtainable without the use of ophthalmic lenses shall be used in determining the degree of visual efficiency, except when natural presbyopia or other conditions clearly not the result of injury exist; then it is permissible to measure the visual acuity both for distance and near with correction. As an example, a high myopia with a vision without correction of 20/200 or less in each eye should be measured with the best corrective lenses, using the best vision of the uninjured eye as a standard. The practical difficulties of fitting, expense of and tolerance of wearing contact lenses are too great at the present time to favor the use of other than regular ophthalmic lenses to determine the best corrected vision. Having determined the best visual acuity for twenty feet fourteen inches (20'14"), the visual efficiency is ascertained by the weighted values assigned for central visual acuity at twenty feet (20') and central acuity at fourteen inches (14"). A one-fold value is given the distance vision and a twofold value is given for near vision. As an example: best visual acuity twenty feet (20'), 20/40; best visual acuity fourteen inches (14"), 14/35. Reference to Table No. 1 shows 20/40 equals 77.4 retained visual acuity and 14/35 equals 68.1 retained visual acuity.

Thus the visual acuity efficiency for one eye would be ((77.4 × 1) plus (68.1 × 2)) divided by 3 equals .712 or 71.2% visual acuity efficiency (or a 28.8% loss).

(5) The extent of the field of vision shall be determined by the use of the usual perimetric test methods, a white target being employed which subtends a one degree (1°) angle under illumination of not less than seven (7) footcandles and the result plotted on an ordinary visual field chart as shown on Figure No. 1.

(A) Normal Field. A visual field having an area which extends from the point of fixation outward eighty-five degrees (85°), down and temporally eighty-five degrees (85°), down sixty-five degrees (65°), down and nasally fifty degrees (50°), nasally sixty degrees (60°), up and nasally fifty-five degrees (55°), up forty-five degrees (45°), up and temporally fifty-five degrees (55°), giving a total of five hundred (500) is established as a normal field of vision.

(B) An Abnormal Field. The amount of radial contraction in the eight (8) field sectors, measured in their principal meridians, shall be determined. The sum in degrees of the eight (8) principal radii of the visual field (which normally is five hundred (500)) will give the visual field efficiency of one (1) eye in percent when divided by 5.00.

Example: The following represent the findings in an abnormal field of vision in one (1) eye Upward 40 degrees Up and Out 40 degrees Outward 70 degrees Down and Out 60 degrees Down 50 degrees Down and In 50 degrees In 45 degrees Up and In 35 degrees TOTAL 390 5.00 78% which is the field of vision efficiency of the affected eye. (See Field of Vision Chart).

(6) Muscle function shall be measured in all parts of the motor field, recognized methods being used for testing. A maximum normal extraocular muscle function is present when there is absence of diplopia (double vision) in all parts of the field of binocular fixation.

Where diplopia is present, it shall be plotted on the motor field chart. This chart is divided into twenty (20) rectangles twenty by twentyfive degrees (20° × 25°) in size, as shown in Figure No. 2.

Motor field chart at 40 inches is approximately 40 inches square, and the 20 rectangles measure 8 inches by 10 inches.

The partial loss of muscle function due to diplopia is that proportional area which shows diplopia, as indicated on the plotted chart, compared with the entire motor field area. It shall be measured without corrective lenses, red glass or prism. For example, to determine the motor field efficiency of the eyes, assume the motor field chart shows a diplopia in eight (8) out of twenty (20) rectangles of the entire field. By referring to the Motor Field Chart, Figure No. 2 and Table No. 2, it is found that a loss of 8/20 gives a forty percent (40%) motor field loss or an efficiency of sixty percent (60%).

TABLE NO. 2

Loss in Muscle Function Loss Retained 1/20 = 5%95% 2/20 = 10%90% 3/20 = 15%85% 4/20 = 20%80% 5/20 = 25%75% 6/20 = 30%70% 7/20 = 35%65% 8/20 = 40%60% 9/20 = 45%55% 10/20 = 50%50% 11/20 = 55%45% 12/20 = 60%40% 13/20 = 65%35% 14/20 = 70%30% 15/20 = 75%25% 16/20 = 80%20% 17/20 = 85%15% 18/20 = 90%10% 19/20 = 95%5% 20/20 = 100%0% (7) The industrial visual efficiency of one (1) eye is determined by obtaining the product of the computed coordinate efficiency values of central visual acuity of field vision and of muscle function. Thus, if central visual acuity efficiency is forty percent (40%), visual field efficiency is eighty-one percent (81%) and the muscle function efficiency is one hundred percent (100%), the resultant visual efficiency of the eye will be 0.40 × 0.81 × 1.00 equal 32.4% (a loss of 67.6%). Should the motor efficiency be reduced fifty percent (50%) in the example given, the visual efficiency would be 0.40 × 0.81 × 0.50 equal 16.2% (a loss of 83.3%).

(8) It is a fact, established by common experience, that visual efficiency is by no means reduced to one-half (1/2) by the complete loss of one (1) eye, the vision in the fellow eye remaining normal; and it is also a fact that a permanent visual disability, total or partial, involving both eyes is not equivalent to the sum of the visual disabilities computed separately for each eye. Hence, the necessity arises to give a weighted average when a permanent binocular disability is present. For the complete loss of the sight of one (1) eye, the Missouri Workers’ Compensation Law allows one hundred forty (140) weeks; when there is permanent partial loss in both eyes, the disability evaluation is on the basis of four hundred (400) weeks (disability to the body as a whole). It should be noted that when an employee has sustained a permanent partial disability involving both eyes and a part of this disability is due to a loss in the binocular motor fields (determined by the area of diplopia), the loss of motor field efficiency is used only in computing the loss in the less efficient of the two (2) eyes. Therefore, the estimation of visual efficiency in the more efficient of the two (2) eyes is determined by using only the factors of central visual acuity and the field of vision efficiency. The formula for computing binocular visual efficiency loss in weeks is as follows: To the loss of visual efficiency of the poorer eye in weeks (based on the percentage of value of one (1) eye in weeks, one hundred and forty (140) being the

basis) add the loss of visual efficiency of the second eye in weeks (based on the percentage of the difference between the value of one (1) eye in weeks and the value of both eyes in weeks, that is, four hundred (400) less one hundred forty (140) or two hundred sixty (260) weeks). For examples: poorer eye (right eye), seventy-five percent (75%) loss, 140 ×.75 = 105 weeks; second eye (left eye), five percent (5%) loss, 260 ×.05 = 13 weeks; binocular visual efficiency, loss one hundred eighteen (118) weeks.

(9) Certain types of ocular disturbance are not included in the foregoing computations and these may result in disabilities, the value of which cannot be accurately measured by any scientific method available. Among them are disturbance of accommodation, of color vision, of adaptation to light and dark, metamorphopsia, entropion, ectropion, lagophthalmos, epiphora and muscle disturbances not included under diplopia. For such disabilities, additional compensation shall be allowed, but in no case shall such additional compensation make the total for loss in industrial visual efficiency greater than that provided by law for the total loss of the sight of one (1) eye when only one (1) eye is involved and that for permanent partial disability of the body as a whole when both eyes are involved.

(A) Compensation for loss in industrial visual efficiency, as provided for previously in this rule, does not include compensation for any cosmetic defect, for mental or physical suffering, for cost of medical attention or for time lost from gainful occupation during the period of treatment previous to final computation of compensation as provided for in the following subsections. Additional compensation should be allowed for the various losses hereinafter enumerated.

(B) Defects of form or structure of the eye, congenital or developmental in origin, such as regular astigmatism, myopia, hyperopia and presbyopia will not in themselves be regarded as traumatic in origin.

(C) Irregular astigmatism may be due to corneal scars, inflammation, injury or operation and is compensable if it is.

(D) Combined ratings of disabilities of the same eye shall not exceed the amount for total loss of sight of that eye. However, any cosmetic defect shall be noted in the report.

(E) Although no scientific deductions can as yet be made as a basis for determining disabilities arising from those secondary ocular defect not included in the foregoing computations in the three (3) primary and coordinate factors of vision, experience and sound judgment, as expressed in the following table, give a yardstick for estimating losses due to so-called secondary ocular disabilities.

(F) Compensable disability shall not be computed until all adequate and reasonable operations and treatment known to medical science have been offered to correct the defect. Final examination on which compensation is to be based shall not be made until at least three (3) months shall have elapsed after all visible evidences of inflammation have disappeared, except in cases of disturbance of extrinsic ocular muscles, optic nerve atrophy, sympathetic ophthalmia, traumatic cataract and paralysis of accommodation; in such cases at least twelve (12) months and preferably not more than sixteen (16) months shall intervene before the examination shall be made on which final compensable disability is to be computed.

(G) In cases of additional loss in visual efficiency when it is known by the examining physician that there was present a pre-existing subnormal vision, compensable disability shall be based on the loss incurred as a result of eye injury or occupational condition specifically responsible for the additional loss. In cases in which there exists no record or no adequate and positive evidence of preexisting subnormal vision, it shall be assumed that the visual efficiency prior to any injury was one hundred percent (100%) or at least equal to the visual efficiency of the uninjured eye.

TABLE NO. 3

TYPES OF OCULAR INJURY

NOT INCLUDED IN THE

DISTURBANCE OF COORDINATE

FACTORS

(The percentages are for unilateral losses unless otherwise noted)

Disability Approximate Rating Not to Exceed Traumatic Cataract:

When a traumatic cataract has been successfully treated by surgical or medical methods, the best visual acuity for that eye with ophthalmic lenses shall be measured. Fifty percent (50%) of this best visual acuity efficiency with an ophthalmic lens shall represent the central visual acuity efficiency of the eye for rating purposes.

Dislocation of Lens—Traumatic:

Partial—Withhold rating for 12 months; then rate as visual loss plus 50% (not to exceed 100%).

Total—The loss shall be 100% unless the lens has been successfully removed by surgery or has been absorbed.

When the lens has been successfully removed by surgery or has been absorbed, the eye shall be rated as an eye where a traumatic cataract has been removed. See: “Traumatic Cataract” preceding.

Ptosis Loss is visual efficiency Loss Iridectomy With photo- 30% —Traumatic phobia or or surgical dazzling resulting Scotoma If not cen- 10% —Traumatic trally located Paralysis Unilateral 20% of Accom- *Bilateral See footnote modation Eye Brow Unilateral 10% (complete *Bilateral See footnote loss of)

Eye Lashes Unilateral 10% (complete *Bilateral See footnote loss of)

Symble- Unilateral 10% pharon (also *Bilateral See footnote limited muscle function)

Ectropion Unilateral 10% or Entropion *Bilateral See footnote Lagophthalmus Unilateral 10% *Bilateral See footnote Epiphora Unilateral 10% *Bilateral See footnote * In the event of bilateral disabilities due to paralysis of accommodation, loss of eye brows, loss of eye lashes, symblepharon, ectropion, entripion, lagophthalmus or epiphora, the percentage of unilateral loss in the poorer eye shall be taken of 140 weeks and to that shall be added the percentage of unilateral loss in the better eye taken of 260 weeks. (See section (9) for computation of binocular visual efficiency).

(10) When an employee, who has a permanent partial visual disability whether from a compensable injury or otherwise, subsequently receives a compensable injury resulting in additional permanent partial visual disability, the examining doctor shall then determine, as nearly as possible, the permanent disability caused by the last injury and set forth that percentage loss in his/her report.

The employer is liable only for the visual loss due to the second injury, taken alone, and the Second Injury Fund is liable for additional disability if it is in excess of the mere sum of all the disabilities.

(11) In each case of eye injury resulting in any degree of permanent disability, the employer and insurer shall file Form 9-A, Physician’s Report on Eye Injuries, completed in all the detail the form asks for, as promptly as possible. If the Form 9-A shows final estimation of the visual disabilities, it may be used as a basis for computing the compensation due the injured worker.

Jan. 3, 1954. Amended: Filed Nov. 1, 1956, effective Nov. 12, 1956. Amended: Filed June 19, 1958, effective June 30, 1958. Amended:

Filed Sept. 4, 1963, effective Sept. 15, 1963.

8 CSR 50-5.030 Present Worth Table {#sec-8-csr-50-5.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-5.030}

PURPOSE: The purpose of this rule is to present the commutable value of compensation for permanent partial disability and the death benefit, excluding widows.

This table gives the present value of one dollar ($1) per week with compound interest at four percent (4%). It is used to compute the commutable value of compensation for permanent partial disability and the death benefit other than to widow only. Source for the larger part of the table is Workers’ Compensation Law by William R. Schneider, who gave permission for its use. 1 $ 00.9992 2 1.9977 3 2.9955 4 3.9925 5 4.9887 6 5.9842 7 6.9789 8 7.9739 9 8.9661 10 9.9586 1 10.9503 2 11.9413 3 12.9316 4 13.9211 5 14.9098 6 15.8978 7 16.8851 8 17.8716 9 18.8574 20 19.8424 1 20.8267 2 21.8102 3 22.7930 4 23.7751 5 24.7564 6 25.7370 7 26.7168 8 27.6959 9 28.6743 30 29.6519 1 30.6288 2 31.6050 3 32.5804 4 33.5550 5 34.5200 6 35.5022 7 36.4747 8 37.4464 9 38.4174 40 39.3877 1 40.3572 2 41.3261 3 42.2942 4 43.2615 5 44.2281 6 45.1940 7 46.1592 8 47.1237 9 48.0874 50 49.0504 1 50.1027 2 50.9742 3 51.9350 4 52.8951 5 53.8545 6 54.8131 7 55.7711 8 $ 56.7283 9 57.6847 60 58.6405 1 59.5955 2 60.5499 3 61.5035 4 62.4563 5 63.4085 6 64.3599 7 65.3107 8 66.2607 9 67.2100 70 68.1585 1 69.1064 2 70.0536 3 71.0000 4 71.9457 5 72.8907 6 73.8350 7 74.7786 8 75.7215 9 76.6636 80 77.6051 1 78.5458 2 79.4858 3 80.4252 4 81.3638 5 82.3017 6 83.2389 7 84.1754 8 85.1112 9 86.0462 90 86.9806 1 87.9142 2 88.8471 3 89.7794 4 90.7109 5 91.6418 6 92.5719 7 93.5014 8 94.4301 9 95.3581 100 96.2855 1 97.2122 2 98.1381 3 99.0633 4 99.9879 5 100.9118 6 101.8349 7 102.7574 8 103.6792 9 104.6002 110 105.5206 1 106.4403 2 107.3593 3 108.2776 4 109.1952 5 110.1122 6 $ 111.0284 7 111.9439 8 112.8588 9 113.7729 120 114.6864 1 115.5992 2 116.5112 3 117.4226 4 118.3334 5 119.2434 6 120.1527 7 121.0614 8 121.9694 9 122.8766 130 123.7832 1 124.6892 2 125.5944 3 126.4989 4 127.4028 5 128.3060 6 129.2085 7 130.1103 8 131.0115 9 131.9119 140 132.8117 1 133.7108 2 134.6092 3 135.5070 4 136.4041 5 137.3005 6 138.1962 7 139.0913 8 139.9856 9 140.8794 150 141.7724 1 142.6648 2 143.5564 3 144.4474 4 145.3378 155 146.2274 6 147.1164 7 148.0048 8 148.8924 9 149.7794 160 150.6657 1 151.5514 2 152.4363 3 153.3207 4 154.2043 165 155.0873 6 155.9696 7 156.8512 8 157.7322 9 158.6126 170 159.4922 1 160.3712 2 161.2495 3 162.1272 4 $ 163.0042 175 163.8806 6 164.7563 7 165.6313 8 166.5057 9 167.3794 180 168.2524 1 169.1248 2 169.9966 3 170.8676 4 171.7380 185 172.6078 6 173.4769 7 174.3454 8 175.2132 9 176.0803 190 176.9468 1 177.8126 2 178.6778 3 179.5424 4 180.4063 195 181.2695 6 182.1321 7 182.9940 8 183.8553 9 184.7159 200 185.5758 1 186.4352 2 187.2938 3 188.1519 4 189.0093 205 189.8660 6 190.7221 7 191.5775 8 192.4323 9 193.2865 210 194.1400 1 194.9929 2 195.8451 3 196.6967 4 197.5476 215 198.3980 6 199.2476 7 200.0966 8 200.9450 9 201.7928 220 202.6398 1 203.4863 2 204.3321 3 205.1773 4 206.0219 225 206.8658 6 207.7090 7 208.5517 8 209.3937 9 210.2351 230 211.0758 1 211.9159 2 $ 212.7554 3 213.5942 4 214.4324 235 215.2700 6 216.1069 7 216.9432 8 217.7789 9 218.6139 240 219.4484 1 220.2821 2 221.1158 3 221.9478 4 222.7797 245 223.6110 6 224.4417 7 225.2717 8 226.1011 9 226.9299 250 227.7580 1 228.5856 2 229.4125 3 230.2387 4 231.0644 255 231.8894 6 232.7139 7 233.5377 8 234.3608 9 235.1834 260 236.0053 1 236.8266 2 237.6473 3 238.4674 4 239.2868 265 240.1056 6 240.9238 7 241.7414 8 242.5584 9 243.3748 270 244.1905 1 245.0056 2 245.8202 3 246.6341 4 247.4474 275 248.2600 6 249.0721 7 249.8836 8 250.6944 9 251.5047 280 252.3143 1 253.1233 2 253.9317 3 254.7395 4 255.5467 285 256.3533 6 257.1593 7 257.9647 8 258.7694 9 259.5736 290 $ 260.3771 1 261.1801 2 261.9824 3 262.7841 4 263.5853 295 264.3858 6 265.1857 7 265.9850 8 266.7837 9 267.5818 300 268.3793 1 269.1762 2 269.9725 3 270.7682 4 271.5633 305 272.3578 6 273.1516 7 273.9449 8 274.7376 9 275.5297 310 276.3212 1 277.1121 2 277.9024 3 278.6921 4 279.4812 315 280.2698 6 281.0577 7 281.8450 8 282.6317 9 283.4179 320 284.2034 1 284.9884 2 285.7727 3 286.5565 4 287.3397 325 288.1223 6 288.9043 7 289.6857 8 290.4666 9 291.2468 330 292.0265 1 292.8055 2 293.5840 3 294.3619 4 295.1302 335 295.9160 6 296.6921 7 297.4677 8 298.2426 9 299.1070 340 299.7908 1 300.5641 2 301.3367 3 302.1088 4 302.8802 345 303.6511 6 304.4214 7 305.1912 8 $ 305.9603 9 306.7289 350 307.4969 1 308.2643 2 309.0311 3 309.7974 4 310.5630 355 311.3281 6 312.0926 7 312.8566 8 313.6200 9 314.3827 360 315.1450 1 315.9066 2 316.6677 3 317.4282 4 318.1881 365 318.9474 6 319.7062 7 320.4644 8 321.2220 9 321.9791 370 322.7356 1 323.4915 2 324.2468 3 324.0016 4 325.7558 375 326.5094 6 327.2625 7 328.0150 8 328.7669 9 329.5183 380 330.2691 1 331.0194 2 331.7690 3 332.5181 4 333.2667 385 334.0147 6 334.7621 7 335.5089 8 336.2552 9 337.0010 390 337.7461 1 338.4907 2 339.2348 3 339.9782 4 340.7212 395 341.4635 6 342.2053 7 342.9466 8 343.6872 9 344.4274 400 345.1669 1 345.9059 2 346.6444 3 347.3823 4 348.1106 405 348.8564 6 $ 349.5926 7 350.3282 8 351.0633 9 351.7979 410 352.5319 1 353.2653 2 353.9982 3 354.7306 4 355.4624 415 356.1936 6 356.9243 7 357.6544 8 358.3840 9 359.1131 420 359.8416 1 360.5695 2 361.2969 3 362.0237 4 362.7500 425 363.4758 6 364.2010 7 364.9256 8 365.6497 9 366.3733 430 367.0963 1 367.8188 2 368.5407 3 369.2621 4 369.9829 435 370.7032 6 371.4230 7 372.1422 8 372.8608 9 373.5790 440 374.2966 1 375.0136 2 375.7301 3 376.4461 4 377.1615 445 377.8764 6 378.5907 7 379.3045 8 380.1078 9 380.7305 450 381.4427 1 382.1543 2 382.8654 3 383.5760 4 384.2860 455 384.9958 6 385.7045 7 386.4130 8 387.1209 9 387.8282 460 388.5351 1 389.2414 2 389.9472 3 390.6524 4 $ 391.3571 465 392.0613 6 392.7650 7 393.4681 8 394.1707 9 394.8727 470 395.5742 1 396.2752 2 396.9757 3 397.6757 4 398.3751 475 399.0740 6 399.7723 7 400.4702 8 401.1675 9 401.8642 480 402.5605 1 403.2562 2 403.9514 3 404.6461 4 405.3403 485 406.0339 6 406.7270 7 406.4196 8 408.1117 9 408.8032 490 409.4943 1 410.1848 2 410.8747 3 411.5642 4 412.2531 495 412.9416 6 413.6295 7 414.3169 8 415.0037 9 415.6901 500 416.3759 1 417.0612 2 417.7460 3 418.4303 4 419.1141 505 419.7973 6 420.4801 7 421.1623 8 421.8440 9 422.5252 510 423.2059 1 423.8860 2 424.5657 3 425.2448 4 425.9234 515 426.6016 6 427.2792 7 427.9562 8 428.6328 9 429.3089 520 429.9845 1 430.6606 2 $ 431.3351 3 432.0091 4 432.6826 525 433.3556 6 434.0281 7 434.7001 8 435.3716 9 436.0426 530 436.7131 1 437.3831 2 438.0526 3 438.7216 4 439.3901 535 440.0581 6 440.7256 7 441.3926 8 442.0591 9 442.7251 540 443.3905 1 444.0554 2 444.7198 3 445.3837 4 446.0471 545 446.7100 6 447.3724 7 448.0343 8 448.6957 9 449.3566 550 450.0170 1 450.6769 2 451.3364 3 451.9954 4 452.6539 555 453.3119 6 453.9694 7 454.6264 8 455.2829 9 455.9389 560 456.5944 1 457.2494 2 457.9039 3 458.5579 4 459.2114 565 459.8644 6 460.5169 7 461.1689 8 461.8204 9 462.4715 570 463.1221 1 463.7722 2 464.4218 3 465.0709 4 465.7195 575 466.3676 6 467.0152 7 467.6623 8 468.3089 9 468.9551 580 $ 469.6008 1 470.2460 2 470.8907 3 471.5349 4 472.1786 585 472.8218 6 473.4646 7 474.1069 8 474.7487 9 475.3900 590 476.0308 1 476.6711 2 477.3110 3 477.9504 4 478.5893 595 479.2277 6 479.8656 7 480.5030 8 481.1400 9 481.7765 600 482.4125 1 483.0480 2 483.6830 3 484.3176 4 484.9517 605 485.5853 6 486.2184 7 487.8511 8 487.4833 9 488.1150 610 488.7462 1 489.3769 2 490.0072 3 490.6370 4 491.2663 615 491.8951 6 492.5235 7 493.1514 8 493.7788 9 494.4058 620 495.0323 1 495.6583 2 496.2838 3 496.9089 4 497.5335 625 498.1576 6 498.7813 7 499.4045 8 500.0272 9 500.6494 630 501.2712 1 501.8925 2 502.5133 3 503.1337 4 503.7536 635 504.3730 6 504.9920 7 505.6105 8 $ 506.2285 9 506.8461 640 507.4632 1 508.0798 2 508.6960 3 509.3117 4 509.9269 645 510.5417 6 511.1560 7 511.7699 8 512.3833 9 512.9962 650 513.6087 1 514.2207 2 514.8322 3 515.4433 4 516.0539 655 516.6641 6 517.2738 7 517.8830 8 518.4918 9 519.1001 660 519.7080 1 520.3154 2 520.9223 3 521.5288 4 522.1348 665 522.7404 6 523.3455 7 523.9502 8 524.5544 9 525.1581 670 525.7614 1 526.3642 2 526.9666 3 527.5685 4 528.1700 675 528.7710 6 529.3716 7 529.9717 8 530.5714 9 531.1706 680 531.7694 1 532.3677 2 532.9656 3 533.5630 4 534.1600 685 534.7565 6 535.3526 7 535.9482 8 536.5434 9 537.1381 690 537.7324 1 538.3262 2 538.9196 3 539.5125 Jan. 3, 1954. Amended: Filed May 1, 1973,

8 CSR 50-5.040 Present Value Table for Widows compute death benefits paid to widows only. {#sec-8-csr-50-5.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-5.040}

This table gives the annual present value of one dollar ($1) per week payable weekly, to the end of the period until remarriage or death, the first payment immediate compiled from the Danish Annuitants and Dutch Remarriage Tables with interest at four percent (4%), by Theodore Stalzer, formerly assistant actuary of the Missouri Insurance Department. It is used to compute death benefits payable to widows only.

Age 1 2 3 4 5 6 7 8 9 10 11 12 13 15 $47.84 $88.45 $122.72 $151.80 $176.51 $197.59 $215.60 $231.05 $244.35 $255.83 $265.79 $274.46 $282.05 16 47.99 88.60 123.04 152.33 177.29 198.64 216.94 232.69 246.27 258.10 268.37 277.36 285.26 17 48.03 88.77 123.40 152.93 178.17 199.82 218.45 234.54 248.57 260.64 271.27 280.61 288.85 18 48.08 88.96 123.80 153.60 179.15 201.14 220.13 236.60 250.93 263.47 274.50 284.23 292.85 19 48.13 89.17 124.17 154.25 180.22 202.58 221.98 238.86 253.63 266.61 278.06 288.23 297.28 20 48.20 89.40 124.74 155.13 181.42 204.19 224.03 241.26 256.39 269.84 281.78 292.42 301.95 21 48.26 89.83 125.28 156.04 182.72 206.05 226.36 244.22 259.98 273.96 286.42 297.59 307.63 22 48.34 89.93 125.86 157.02 184.15 207.88 228.73 247.13 263.46 278.01 291.04 302.78 313.39 23 48.42 90.24 126.51 158.08 185.70 209.64 230.73 249.81 266.68 281.85 295.51 307.86 319.09 24 48.50 90.56 127.19 159.22 187.37 212.21 234.25 253.90 271.50 287.33 301.66 314.68 326.56 25 48.59 90.91 127.92 160.44 189.15 214.61 237.31 257.64 275.94 292.49 307.53 321.26 333.84 26 48.69 91.28 128.70 161.73 191.01 217.15 240.55 261.62 280.65 297.98 313.75 328.22 341.55 27 48.79 91.71 129.52 163.08 193.00 219.81 243.91 265.76 285.58 303.68 320.26 335.53 349.62 28 48.90 92.07 130.36 164.49 195.07 222.60 247.48 270.09 290.73 309.65 327.08 343.13 358.03 29 49.01 92.45 131.24 165.95 197.19 225.46 251.13 274.56 296.04 315.80 334.05 350.96 366.69 30 49.12 92.91 132.14 167.44 199.37 228.38 254.86 279.12 301.45 322.07 341.18 358.95 375.53 31 49.24 93.34 133.04 168.94 201.56 231.33 258.26 283.02 306.21 327.70 347.68 366.31 383.73 32 49.35 93.77 133.94 170.44 203.75 234.28 262.37 288.32 312.36 334.72 355.57 375.01 393.33 33 49.46 94.19 134.84 171.93 205.93 237.21 266.20 292.98 317.77 340.98 362.68 383.02 402.11 34 49.57 94.61 135.72 173.39 208.06 240.07 269.74 297.33 323.05 347.10 369.63 390.79 410.70 35 49.68 95.02 136.57 174.80 210.12 242.84 273.28 301.64 328.17 353.02 376.35 398.30 410.98 36 49.78 95.40 137.39 176.16 212.10 245.51 276.66 305.79 333.08 358.70 382.79 405.50 426.92 37 49.88 95.78 138.17 177.46 213.99 247.58 279.89 309.72 337.73 364.08 388.90 412.37 434.42 38 49.97 96.13 138.90 178.67 215.76 250.42 282.90 313.40 342.08 369.11 394.59 418.66 441.41 39 50.06 96.45 139.58 179.81 217.40 252.63 285.70 316.81 346.11 373.76 399.86 424.53 447.86 40 50.14 96.75 140.22 180.85 218.92 254.67 288.29 319.97 349.84 378.05 404.71 429.92 453.78 41 50.21 97.01 140.77 181.80 220.31 256.52 290.64 322.81 353.20 381.91 409.06 434.76 459.08 42 50.28 97.25 141.32 182.66 221.55 258.19 292.74 325.37 356.21 385.36 412.95 439.07 463.78 43 50.34 97.50 141.78 183.44 222.67 259.68 294.62 327.67 358.88 388.43 416.39 442.86 467.91 44 50.39 97.70 142.20 184.12 223.66 260.99 296.28 329.65 361.22 391.08 419.35 446.11 471.43 45 50.43 97.87 142.56 184.71 224.50 262.12 297.68 331.33 363.18 393.32 421.84 448.83 474.35 PRESENT VALUE TABLE FOR WIDOWS Age 1 2 3 4 5 6 7 8 9 10 11 12 13 46 50.48 98.02 142.87 185.22 225.24 263.09 298.90 332.78 364.85 395.20 423.91 451.07 476.74 47 50.51 98.15 143.14 185.65 225.86 263.89 299.89 333.95 366.19 396.70 425.54 452.80 478.55 48 50.54 98.26 143.36 186.01 226.36 264.54 300.68 334.88 367.23 397.83 426.75 454.06 479.83 49 50.55 98.34 143.53 186.28 226.74 265.02 301.26 335.54 367.95 398.59 427.53 454.83 480.56 50 50.58 98.42 143.67 186.50 227.03 265.39 301.70 335.99 368.43 399.06 427.95 455.18 480.81 51 50.59 98.46 143.76 186.63 227.20 265.58 301.88 336.19 368.59 399.15 427.90 455.05 480.52 52 50.60 98.49 143.81 186.70 227.28 265.65 301.92 336.16 368.47 398.92 427.52 454.44 479.75 53 50.61 98.50 143.83 186.72 227.27 265.59 301.79 335.93 368.11 398.39 426.83 453.52 478.48 54 50.60 98.49 143.80 186.64 227.14 265.40 301.45 335.40 367.44 397.49 425.68 452.09 450.24 55 50.60 98.48 143.75 186.54 226.95 265.07 300.99 334.80 366.56 396.35 424.22 476.69 474.48 56 50.59 98.44 143.65 186.46 226.64 264.60 300.32 333.88 365.36 394.80 422.30 447.92 471.70 57 50.58 98.38 143.52 186.11 226.24 264.00 299.48 332.76 363.90 392.96 420.04 445.18 468.46 58 50.56 98.32 143.37 185.82 225.76 263.30 298.50 331.43 362.18 390.81 417.41 442.03 464.73 59 50.54 98.23 143.16 185.45 225.17 262.43 297.29 329.83 360.15 388.29 414.35 438.38 460.45 60 50.52 98.11 142.90 184.99 224.46 261.39 295.86 327.97 357.79 385.39 410.84 434.22 455.60 61 50.48 97.99 142.63 184.49 223.65 260.22 294.28 325.90 355.69 382.17 406.96 429.63 450.26 62 50.45 97.84 142.29 183.88 222.71 258.87 292.46 323.54 352.20 378.53 402.60 424.50 444.30 63 50.41 97.68 141.92 183.22 221.68 257.40 290.46 320.94 348.94 374.54 397.83 418.90 437.85 64 50.36 97.47 141.47 182.44 220.48 255.69 288.17 318.00 345.26 370.07 392.51 412.69 430.71 65 50.30 97.25 141.03 181.64 219.18 253.85 285.69 314.79 341.27 365.22 386.76 405.99 423.03 66 50.20 96.95 140.41 180.66 218.66 251.61 282.56 310.80 336.74 359.65 380.11 398.67 414.56 67 50.00 96.37 139.29 178.80 215.92 247.89 277.87 304.97 329.56 351.24 370.43 387.65 402.40 68 49.78 95.73 138.03 176.77 213.05 243.91 272.75 298.66 322.08 342.40 360.32 376.28 389.78 69 49.54 95.04 136.67 174.58 209.79 239.67 267.34 292.00 314.07 333.18 349.80 364.48 376.76 70 49.29 94.30 135.22 172.24 206.41 235.18 261.64 285.02 305.78 323.58 338.90 352.29 363.36 71 49.00 93.46 133.64 169.76 202.81 230.46 255.67 277.76 297.17 313.65 327.65 339.76 349.64 72 48.69 92.60 132.00 167.15 199.11 225.53 249.45 270.20 288.24 303.35 316.05 326.90 335.73 73 48.38 91.69 130.25 164.39 195.28 220.37 242.94 262.31 278.95 292.69 304.10 313.74 321.38 74 48.04 90.73 128.41 161.49 191.05 214.94 236.11 254.04 269.25 281.64 291.76 300.23 306.81 75 47.66 89.66 126.44 158.48 186.65 209.15 228.63 245.33 259.20 270.14 279.12 286.34 291.92 Jan. 3, 1954. Amended: Filed May 1, 1973,

8 CSR 50-5.050 Value of $1 Per Week with Interest at 6% of Compensation Past Due {#sec-8-csr-50-5.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-5.050}

PURPOSE: This rule computes compensation benefits past due with the value of $1 per week with interest at 6%.

Compiled by Virgil Rule, formerly assistant actuary, Missouri State Insurance Department. 1$ 1.0011 22.0033 33.0067 44.0112 55.0168 66.0235 77.0314 88.0404 99.0506 1010.0618 111.0742 212.0878 313.1024 414.1183 1515.1352 616.1533 717.1725 818.1929 919.2144 2020.2371 121.2609 222.2859 323.3120 424.3392 2525.3676 626.3972 727.4279 828.4598 929.4928 3030.5270 131.5623 232.5989 333.6365 434.6754 3535.7154 636.7565 737.7989 838.8424 939.8870 4040.9329 141.9799 243.0281 344.0774 445.1280 4546.1797 647.2326 748.2867 849.3419 950.3984 5051.4560 152.5148 253.5748 354.6360 455.6984 5556.7619 657.8267 758.8927 8$ 59.9598 961.0282 6062.0977 163.1684 264.2404 365.3135 466.3879 6567.4634 668.5402 769.6182 870.6973 971.7777 7072.8593 173.9421 275.0262 376.1114 477.1979 7578.2855 679.3744 780.4645 881.5559 982.6484 8083.7422 184.8372 285.9335 387.0309 488.1296 8589.2296 690.3307 791.4331 892.5368 993.6416 9094.7478 195.8551 296.9637 398.0735 499.1846 95100.2969 6101.4105 7102.5253 8103.6414 9104.7587 100105.8773 1106.9971 2108.1182 3109.2406 4110.3642 105111.4890 6112.6151 7113.7425 8114.8712 9116.0011 110117.1323 1118.2647 2119.3984 3120.5334 4121.6697 115122.8072 6$ 123.9460 7125.0861 8126.2275 9127.3701 120128.5140 1129.6593 2130.8058 3131.9536 4133.1027 125134.2530 6135.4047 7136.5576 8137.7118 9138.8674 130140.0242 1141.1823 2142.3417 3143.5024 4144.6644 135145.8277 6146.9924 7148.1583 8149.3255 9150.4941 140151.6639 1152.8351 2154.0076 3155.1813 4156.3565 145157.5329 6158.7106 7159.8897 8161.0701 9162.2518 150163.4348 1164.6192 2165.8049 3166.9919 4168.1802 155169.3699 6170.5609 7171.7533 8172.9469 9174.1420 160175.3383 1176.5360 2177.7350 3178.9354 4180.1371 165181.3402 6182.5446 7183.7504 8184.9575 9186.1660 170187.3758 1188.5870 2189.7996 3191.0135 4$ 192.2287 175193.4454 6194.6634 7195.8827 8197.1034 9198.3255 180199.5490 1200.7738 2202.0001 3203.2277 4204.4567 185205.6870 6206.9187 7208.1518 8209.3863 9210.6222 190211.8594 1213.0981 2214.3381 3215.5795 4216.8223 195218.0665 6219.3121 7220.5591 8221.8075 9223.0573 200224.3085 1225.5611 2226.8151 3228.0705 4229.3273 205230.5855 6231.8452 7233.1062 8234.3687 9235.6325 210236.8977 1238.1644 2239.4324 3240.7019 4241.9728 215243.2452 6244.5190 7245.7942 8247.0708 9248.3488 220249.6283 1250.9092 2252.1916 3253.4754 4254.7606 225256.0473 6257.3354 7258.6250 8259.9160 9261.2085 230262.5024 1$ 263.7977 2265.0946 3266.3928 4267.6925 235268.9937 6270.2964 7271.6004 8272.9060 9274.2130 240275.5215 1276.8315 2278.1429 3279.4558 4280.7702 245282.0860 6283.4033 7284.7221 8286.0424 9287.3641 250288.6874 1290.0121 2291.3383 3292.6660 4293.9951 255295.3258 6296.6580 7297.9916 8299.3268 9300.6634 260302.0016 1303.3413 2304.6825 3306.0252 4307.3694 265308.7151 6310.0623 7311.4111 8312.7613 9314.1131 270315.4664 1316.8212 2318.1775 3319.5351 4320.8947 275322.2555 6323.6180 7324.9819 8326.3474 9327.7144 280329.0829 1330.4529 2331.8245 3333.1977 4334.5724 285335.9486 6337.3263 7338.7056 8340.0865 9$ 341.4689 290342.8528 1344.2384 2345.6254 3347.0140 4348.4042 295349.7959 6351.1892 7352.5840 8353.9805 9355.3784 300356.7780 1358.1791 2359.5818 3360.9860 4362.3919 305363.7993 6365.2083 7366.6188 8368.0310 9369.4447 310370.8600 1372.2769 2373.6954 3375.1155 4376.5372 315377.9605 6379.3853 7380.8118 8382.2399 9383.6696 320385.1008 1386.5337 2387.9682 3389.4043 4390.8420 325392.2813 6393.7222 7395.1648 8396.6089 9398.0547 330399.5021 1400.9511 2402.4018 3403.8541 4405.3080 335406.7635 6408.2207 7409.6795 8411.1399 9412.6020 340414.0657 1415.5310 2416.9980 3418.4667 4419.9370 345421.4089 6422.8825 7$ 424.3577 8425.8346 9427.3132 350428.7934 1430.2752 2431.7588 3433.2439 4434.7308 355436.2193 6437.7095 7439.2014 8440.6949 9442.1901 360443.6870 1445.1856 2446.6858 3448.1877 4449.6913 365451.1966 6452.7036 7454.2123 8455.7226 9457.2347 370458.7484 1460.2639 2461.7810 3463.2998 4464.8204 375466.3426 6467.8666 7469.3922 8470.9196 9472.4487 380473.9795 1475.5120 2477.0463 3478.5822 4480.1199 385481.6593 6483.2004 7484.7433 8486.2879 9487.8342 390489.3822 1490.9320 2492.4835 3494.0368 4495.5918 395497.1486 6498.7071 7500.2673 8501.8293 9503.3930 400504.9585 1506.5258 2508.0948 3509.6655 4511.2381 405$ 512.8124 6514.3884 7515.9662 8517.5458 9519.1272 410520.7103 1522.2952 2523.8819 3525.4704 4527.0606 415528.6527 6530.2465 7531.8421 8533.4395 9535.0386 420536.6396 1538.2423 2539.8469 3541.4532 4543.0614 425544.6714 6546.2831 7547.8967 8549.5121 9551.1292 430552.7482 1554.3691 2555.9917 3557.6161 4559.2424 435560.8705 6562.5004 7564.1322 8565.7658 9567.4012 440569.0384 1570.6775 2572.3184 3573.9612 4575.6058 445577.2522 6578.9005 7580.5506 8582.2026 9583.8565 450585.5122 1587.1697 2588.8291 3590.4904 4592.1535 455593.8185 6595.4854 7597.1541 8598.8247 9600.4972 460602.1715 1603.8479 2605.5259 3$ 607.2059 4 608.8877 465610.5715 6612.2571 7613.9447 8615.6341 9617.3254 470619.0186 1620.7137 2622.4107 3624.1096 4625.8104 475627.5131 6629.2177 7630.9242 8632.6326 9634.3430 480636.0553 1637.7694 2639.4856 3641.2036 4642.9236 485644.6455 6646.3693 7648.0950 8649.8227 9651.5523 490653.2839 1655.0174 2656.7529 3658.4903 4660.2296 495661.9709 6663.7141 7665.4593 8667.2065 9668.9556 500670.7067 1672.4597 2674.2147 3675.9717 4677.7307 505679.4916 6681.2545 7683.0193 8684.7862 9686.5550 510688.3258 1690.0986 2691.8734 3693.6502 4695.4289 515697.2097 6698.9924 7700.7772 8702.5639 9704.3527 520706.1435 Original rule filed May 1, 1973, effective May 12, 1973.

8 CSR 50-5.060 Evaluation of Hearing Disability establish the procedures to evaluate hearing disability, setting forth methods for its measurement and calculation. {#sec-8-csr-50-5.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-5.060}

(1) The following are definitions relating to this matter and rule:

(A) Hearing loss—the general condition of reduced auditory sensitivity;

(B) Loss of hearing or threshold shift—a change for the worse in auditory sensitivity;

(C) Threshold—the weakest sound that can be heard;

(D) Decibel (dB)—a unit conventionally used to measure the magnitude of sound. In the testing of hearing, it is used to measure the threshold of a listener relative to the standard threshold (U.S. audiometers);

(E) Audiometer—a device for the measurement of the threshold of hearing in decibels relative to a standard;

(F) Hearing level or hearing threshold level—the reading on an audiometer in decibels corresponding to the threshold of hearing of the individual being tested;

(G) Frequency—the number of regular fluctuations made by a sound wave in one (1) second;

(H) Cycle—one (1) of a repeated series of regular fluctuations made by a sound wave;

(I) Audiogram—a chart showing hearing levels at different frequencies;

(J) Hearing disability or disability of hearing—a malfunction or abnormality of hearing of sufficient severity to constitute a practical handicap such as would justify compensation; particularly a reduction of efficiency in everyday communication by speech;

(K) Deafness—term reserved to designate very severe or total disability of hearing;

(L) Presbycusis—a loss of hearing occasioned by the aging process; and (M) “Hearing level” is a technical term that refers to the point (or threshold) in decibels when a testing sound is first detected by the listener. The “lowest hearing level,” therefore, represents best hearing not worst hearing. The “lowest measured loss,” therefore, is reflected by the lowest decibel rating at which the listener heard the test tone.

(2) Weeks of compensation for hearing loss due to a traumatic incident (that is, a single accident such as an explosion, a blast or a blow on the head) shall be those provided in items 27 and 28 of subsection 1 of section 287.190, RSMo. (Complete deafness of both ears—one-hundred eight (180) weeks; complete deafness of one (1) ear, the other being normal—forty-nine (49) weeks.)

(3) Weeks of compensation for hearing loss due to prolonged exposure to harmful noise in employment (that is, an occupational disease) shall be those provided in subsection 3 of section 287.197, RSMo.

(4) Traumatic occupational hearing loss(es) shall be measured as prescribed in section 287.197, RSMo and this rule.

(5) When both ears show hearing disability, the computation of disability shall be on the

basis of binaural loss as provided in subsection 5 of section 287.197, RSMo.

(6) Liability for occupational hearing loss occurs only when an employee has been exposed to the hazard of such loss for a period of ninety (90) days or longer and the loss becomes exclusively that of the employer in whose employment such exposure took place.

(7) Each employer is liable for all of the occupational hearing loss to which his/her employment contributed, subject to the limitations of the measurement of hearing loss provisions, but no employer is liable for hearing loss sustained prior to employment with him/her nor for any hearing loss for which compensation previously was awarded or paid (section 287.197.8).

(8) The date of disability of occupational hearing loss is the last day of a one (1)-month period following separation from the employment in which the employee was exposed to harmful noise (section 287.197.7).

(9) Claim for compensation for occupational hearing loss, if maintained, must be made within two (2) years of the date of disability, as defined in section (8) of this rule. The provision of medical attention and/or the payment of compensation will toll the statute, as in other workers’ compensation cases (section 287.197.7).

(10) Only pure-tone air-conduction audiometric instruments that meet the standards calibrated to the American National Standards Institute (ANSI) occupational hearing loss reference level standards, including ANSI S 3.6, as referred to in section 287.197.2 shall be used for measuring hearing levels.

(11) In the evaluation of hearing disability, only the hearing levels at the frequencies of five hundred (500), one thousand (1,000) and two thousand (2,000) cycles per second shall be considered; provided, however, that if a subject does not hear the test tone at the ninety-five (95) decibel hearing level in any or all of the three (3) frequencies, the value of one hundred (100) decibels shall be used for such frequency(ies) in calculating the average hearing level.

(12) Three (3) separate audiograms, each on different days, shall be made including at least the frequencies of five hundred (500), one thousand (1,000) and two thousand (2,000) cycles per second and the lowest hearing level measured at each of the three (3) frequencies shall be used for the computation of hearing disability. The lowest hearing level at each of the three (3) frequencies shall be added together and the sum divided by three (3) to determine the average hearing level in decibels. If the audiograms show a lowest hearing level at any of these three (3) frequencies that is greater than one hundred (100) decibels, or else no response at all, the value of one hundred (100) dB shall be used for the level at such frequencies in calculating the average hearing level.

(13) In order to allow for the average amount of hearing loss due to nonoccupational causes found in the population at any given age (including presbycusis), there shall be deducted from the average hearing level one-half (1/2) decibel for each year of the employee’s age over forty (40) at the time of his/her audiogram. The result shall be termed the corrected average hearing level.

(14) For every decibel that the corrected average hearing level exceeds twenty-six (26) decibels based on the ANSI reference levels, an allowance of one and one-half percent (1 1/2%) shall be made up to the maximum of one hundred percent (100%) which is reached at ninety-three (93) decibels based on the ANSI reference levels. The allowance thus calculated is the monaural percentage disability of hearing in that ear.

(15) Binaural disability of hearing shall be determined by multiplying the percentage of disability in the better ear by five (5), to which result is added the percentage of disability in the poorer ear and dividing the sum of the two (2) by six (6). The result is the evaluation in percentage of binaural hearing disability.

(16) No consideration shall be given to the question of whether or not the ability of an employee to understand speech is improved by the use of a hearing aid.

(17) An employee may work in successive employments where s/he is exposed to harmful noise and sustain an accumulated hearing loss, only a part of which may be the liability of the last employer. Section 287.197.8, RSMo provides that an employer is liable only for the hearing loss to which his/her employment contributed. Each subsequent employer who hires an individual who already has some hearing disability is liable only for the additional disability that develops in its employment, subject to the correction according to age.

(18) The best level of hearing at each of the three (3) frequencies of five hundred (500), one thousand (1,000) and two thousand (2,000) cycles per second is determined by selection from all available audiogram(s) made within six (6) months prior to or three (3) months after the date of employment.

Earlier audiogram(s) may be used for this

purpose only if none is available that were made during that nine (9)-month period.

(19) The pre-employment average hearing level for the three (3) frequencies is calculated for each ear (section (12) of this rule).

(20) The correction for nonoccupational hearing loss (section (13) of this rule) is applied by subtracting from the average hearing level for each ear one-half (1/2) decibel for each year of the employee’s age over forty (40) at the time of his/her audiogram.

(21) If the corrected average hearing level of the pre-employment audiogram(s) in either ear exceeds twenty-six (26) decibels, the percentage of disability is calculated as in sections (14) and (15) of this rule. The employer is liable for the difference in percentage of disability between this value and the percentage of hearing disability calculated from postemployment hearing tests.

Filed Oct. 20, 2005, effective May 30, 2006.

History

• AUTHORITY: section 287.650, RSMo 2000. Original rule filed Sept. 11, 1959, effective Sept. 22, 1959. Amended: Filed Aug. 18, 1967, effective Aug. 29, 1967. Emergency amendment filed Oct. 20, 2005, effective Oct. 30, 2005, expired April 27, 2006. Amended:

8 CSR 50-5.070 Forms {#sec-8-csr-50-5.070 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-5.070}

PURPOSE: This rule sets forth the forms required for filing with the division by the employee, employer and insurer. Included are instructions to obtain forms.

Forms required for filing with the division are listed in this rule, together with a few other forms required of employees, employers and insurers. Under the provisions of section 287.630, RSMo, these forms are provided free of charge. Those requiring such forms should send their requests to the division at Jefferson City, giving the form serial number and the quantity needed. Some forms, such as subpoenas and Forms 42 and 43, which have to be executed separately for individual cases, cannot, of course, be sent out in quantities.

The only cost in connection with procuring the forms is transportation charges.

Form No. Use 1 Report of Injury 2 Receipt and Notice of Termination of Compensation 2-A Receipt for Compensation 3 Notice of Commencement of 6 Notice of Termination of 8 Request for Lump Sum Settlement 9 Surgeon’s Report 9-A Physician’s Report on Eye Injuries 21 Claim for Compensation 22 Answer to Claim for Compensation 25 Subpoena 25-A Subpoena Duces Tecum 42 Special Order for Additional Medical 43 Authorization to Inspect and/or Copy Medical Records 65-B Withdrawal of Employer’s Acceptance of Law 75 Memorandum of Insurance Coverage 8 Application for Authority to Self-Insure 82 (Bond) Bond of Self-Insurer 82 (Escrow) Escrow Agreement of Self- Insurer 83 Self-Insurer’s Statement of Outstanding Disability Claims 84 Self-Insurer’s Payroll Report 85 Self-Insurer’s Annual Financial Statement 86 Self-Insurer’s Report of Compensation Payments Original rule filed Aug. 26, 1975, effective Sept. 5, 1975.

Chapter 6 Crime Victims

8 CSR 50-6.010 Rules Governing Crime Victims {#sec-8-csr-50-6.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-6.010}

(Rescinded October 30, 2021)

History

• AUTHORITY: sections 287.650 and 595.060, RSMo Supp. 1998. Original rule filed Dec. 14, 1982, effective March 11, 1983. Amended: Filed Dec. 28, 1990, effective June 10, 1991. Amended: Filed March 18, 1999, effective Oct. 30, 1999. Rescinded: Filed Feb. 26, 2021, effective Oct. 30, 2021.

Chapter 7 Missouri Workers' Safety Program

8 CSR 50-7.010 Purpose {#sec-8-csr-50-7.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.010}

PURPOSE: This rule establishes the purpose for the Missouri Workers’ Safety Program, as required by section 287.123, RSMo.

(1) The Missouri Workers’ Safety Program shall administer and enforce the provisions regarding certification, review and renewal of insurance company safety programs, and the certification of safety engineers and safety consultants, as required by section 287.123, RSMo.

(2) The Division of Workers’ Compensation of the Department of Labor and Industrial Relations shall establish and maintain a job safety and health information system. The division shall analyze the information to identify and assign priorities to safety and health needs. The division shall promote workers’ health and safety through educational programs and other innovative programs developed by the division.

(3) The division shall collect and serve as a repository for statistical information on workers’ health and safety. The job safety and health information system shall include a comprehensive data base that incorporates all pertinent information relating to each reported injury involving a lost time incident of any employer utilizing the safety and health services available under section 287.123, RSMo. The information collected shall be submitted by the insurance carrier on a quarterly basis or as requested by the division.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.020 Definitions {#sec-8-csr-50-7.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.020}

PURPOSE: This rule defines the terms used in the Missouri Workers’ Safety Program.

(1) The words defined in section 287.123, RSMo shall have the same meaning as when used in these rules, unless the context plainly requires a different meaning.

(A) Acceptable educational institution— 1. A school, college, university or other institution of higher learning in the United States which, at the time the applicant was enrolled and graduated, was accredited by a regional accrediting commission recognized by the United States Department of Education; or 2. A school, college, university or other institution of higher learning outside the United States which, at the time the applicant was enrolled and graduated, maintained a standard of training substantially equivalent to the standards of training of those institutions accredited by one (1) of the regional accrediting commissions recognized by the United States Department of Education.

(B) Case management—The focusing of attention and effort on the management of workers’ compensation cases, which may involve the resolution of both medical and non-medical concerns.

(C) Department—The Missouri Department of Labor and Industrial Relations.

(D) Director—The director of the Missouri Department of Labor and Industrial Relations.

(E) Division—The Division of Workers’ Compensation.

(F) Division director—The director of the Division of Workers’ Compensation.

(G) Hazards—The conditions, equipment, environment or people which can have an adverse effect on the physical or health status of the worker, employer and/or property.

(H) Outline—The written outline filed by an insurance carrier with the Missouri Workers’ Safety Program for the purpose of obtaining certification.

(I) Program—The safety and health services provided by an insurance carrier to its insured employer. The program shall be based on objectively determinable risk or loss control factors associated with an individual employer.

(J) Program manager—Program manager of the Missouri Workers’ Safety Program.

(K) Safety and health review audit—A comprehensive survey or review of an employer’s operation of business.

(L) Safety management—The administration, implementation and maintenance of persons and property that effectively reduces or removes recognizable and/or foreseeable hazardous conditions or acts.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.030 Name and Address Change {#sec-8-csr-50-7.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.030}

PURPOSE: This rule outlines the requirements and procedures for notifying the Missouri Workers’ Safety Program of name and address changes.

(1) All insurance carriers or claims administrators obtaining certification of a safety engineering and management program, and all individuals certified as a safety consultant or safety engineer, shall ensure that the certificate bears the current legal name of the individual or corporation.

(2) A certificate holder whose name or address is changed shall promptly notify the Missouri Workers’ Safety Program and provide a copy of the appropriate document indicating the change as well as requesting that a new certificate be issued.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.040 Certification Requirements: Safety Engineering and Management Program {#sec-8-csr-50-7.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.040}

PURPOSE: This rule outlines the requirements for certification of a safety engineering and management program.

(1) The criteria of a certified safety engineering and management program, as established by an insurance carrier, shall include:

(A) Administration.

1. The insurance carrier shall notify each insured employer at the time of the initial purchase of a policy and, annually thereafter, of the availability of its services pertaining to a comprehensive safety engineering and management program.

2. The insurance carrier shall designate and appoint a person to be responsible for the initiation and management of its program.

3. The insurance carrier shall coordinate or supervise the collection of information relating to worker safety to measure the effectiveness of the safety program, including the effect of the program on the employer’s injury and occupational disease incidence rate, the severity of injuries that do occur and other reports as required by the division;

(B) Implementation and Management.

1. The insurance carrier shall establish a program designed to address the worker safety and health needs of its insured employer.

The program shall be put in the form of a written outline and shall include— A. Provisions for providing an employer with resources to address safety and health issues and advising an employer of the availability of resources and individuals competent to address safety and health concerns;

B. Provisions for assisting an insured employer to develop a comprehensive safety and health program, pertaining to the specific needs of that employer;

C. Provisions for assisting an insured employer to identify health hazard exposure, as may be applicable; and D. Provisions for assisting an insured employer to conduct effective accident investigation procedures.

2. The insurance carrier, upon request, shall perform a review of its insured employer’s written program(s), and shall assist the employer in establishing a minimally acceptable written program(s). The program(s) shall be based on objectively determinable risks or loss control factors associated with an individual employer.

3. The insurance carrier, upon request, shall perform a safety and health review audit, which shall include on-site inspections, consultations or surveys as deemed appropriate and necessary to assist the employer in identifying actual or potential health and safety hazards.

4. The insurance carrier, upon request, shall provide or recommend available resources for case file management. The focus of case file management shall be on returning the injured employee to work as soon as medically possible. The insurance carrier should provide education and/or assistance to the employer in the development of modified duty programs and internal case management; and (C) Education.

5. The insurance carrier shall establish an educational training and information program designed to educate employers in the identification of health and safety hazards and the prevention of occupational injuries and illnesses.

6. The insurance carrier, upon request, shall make available to any insured employer, educational resources or information pertaining to:

A. Engineering and work practice controls;

B. General safety management techniques; and C. Such other information as may be appropriate.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.050 Application for Certiication: Safety Engineering and Management Program {#sec-8-csr-50-7.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.050}

PURPOSE: This rule outlines the procedures for obtaining certification as a certified safety engineering and management program.

(1) An application for certification must be made on a form provided by the Missouri Workers’ Safety Program. Application forms may be obtained by requesting a copy from the Missouri Workers’ Safety Program, P.O.

Box 58, Jefferson City, MO 65102. The application must be filed within sixty (60) days of the date the insurance company is authorized to sell workers’ compensation insurance in the state of Missouri. If the insurance company is authorized to sell workers’ compensation insurance prior to the effective date of this rule, the sixty (60) days shall run from notification by the program manager.

(2) An application must be typewritten and signed by an authorized representative of the insurance carrier.

(3) A written outline of the insurance carriers proposed certified safety engineering and management program must be on file before an application will be considered complete and officially filed.

(4) The Missouri Workers’ Safety Program shall conduct random on-site visits with the insureds of the insurance carrier as part of the certification or renewal process.

(5) Following the Missouri Workers’ Safety Program review process, the applicant will be informed by letter of the approval or denial of certification. The denial letter will identify the reasons for denial and the appeal process.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.060 Requirements For Certification: Safety Engineers and Safety Consultants {#sec-8-csr-50-7.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.060}

PURPOSE: This rule defines the requirements for certification as a certified safety engineer or certified safety consultant.

(1) Individuals applying for certification as a certified safety engineer and/or safety consultant shall submit a properly completed and typed application, together with all required documentation to the Missouri Workers’ Safety Program.

(2) Each applicant seeking certification pursuant to 287.123, RSMo to be a safety engineer or safety consultant certified by the state pursuant to this rule shall furnish evidence to the division that the applicant:

(A) Is at least eighteen (18) years of age;

(B) Is a United States’ citizen or a legal alien; and (C) Has not been convicted of a felony during the ten (10) years immediately preceding the application for certification.

(3) In addition to the qualifications as set forth in section (2), an applicant for certification as a certified safety engineer shall submit evidence of having obtained licensure as a professional engineer from the Missouri Board for Architects, Engineers and Land Surveyors.

(4) In addition to the qualifications set forth in section (2), an applicant for certification as a certified safety consultant shall submit evidence of meeting one (1) of the following qualifications:

4CODE OF STATE REGULATIONS

(12/31/00) Rebecca McDowell Cook (A) Obtained a bachelor’s, master’s or doctoral degree from an acceptable educational institution in— 1. Industrial hygiene;

2. Engineering, with a major or concentration in occupational/industrial safety and health; or 3. Science, with a major or concentration in occupational/industrial safety and health;

(B) Obtain a bachelor’s, master’s or doctoral degree from an acceptable educational institution with an academic degree training program designed to teach primarily the principles and techniques of safety and health and shall be designed to train the students to become a professional in safety and health, and to engage in the practice of professional safety and health. The teaching of safety and health principles and techniques shall not be incidental to the degree program, but shall be the major course of study;

(C) Be certified as a safety professional by the Board of Certified Safety Professionals (BCSP), and currently engaged in the fulltime practice of safety consulting;

(D) Be certified as an industrial hygienist by the American Board of Industrial Hygienists (ABIH), and currently engaged in the full-time practice of safety consulting;

(E) Be certified as an occupational health nurse certified by the American Board of Occupational Health Nurses, Inc., and currently engaged in the full-time practice of safety consulting;

(F) Be certified as an occupational health physician in occupational medicine by the American Board of Preventive Medicine, and currently engaged in the full-time practice of safety consulting; or (G) Be currently engaged in the full-time practice of safety consulting, and has been engaged in a full-time practice for three (3) years. The applicant must complete an academic requirement exemption form provided by the Missouri Workers’ Safety Program.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.070 Application for Certification: Certified Safety Consultant/Certified Safety Engineer {#sec-8-csr-50-7.070 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.070}

PURPOSE: This rule outlines the procedures for application for certification as a certified safety engineer or certified safety consultant.

(1) Applications for certification as a certified safety consultant or certified safety engineer must be made on the forms provided by the Missouri Workers’ Safety Program.

Application forms may be obtained by requesting a copy from the Missouri Workers’ Safety Program, P.O. Box 58, Jefferson City, MO 65102.

(2) An application, including the applicant’s Social Security number, must be typewritten, signed and notarized.

(3) The following documents must be on file with the division or must accompany the application:

(A) Authenticated copy of diploma or certificate;

(B) Proof of certification by a recognized professional agency as set out in 8 CSR 50- 7.060(4)(B)–(F); and (C) Any additional information as the division deems necessary.

(4) If an applicant has been a defendant in a civil suit involving his/her professional activity or conduct, the applicant shall submit a certified copy of the final judgment. If the case is not yet final, the applicant shall submit a certified copy of the complaint and the clerk’s docket sheet.

(5) Following the Missouri workers’ safety review process, the applicant will be informed by letter of the approval or denial of certification. The denial letter will identify the reasons for denial and the appeal process.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.080 Continuing Education {#sec-8-csr-50-7.080 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.080}

PURPOSE: This rule identifies the requirements for obtaining continuing education for those individuals who have received certification as a certified safety consultant or certified safety engineer.

(1) Individuals seeking to maintain certification as a certified safety consultant or certified safety engineer shall submit annually, in writing, proof of having completed one (1) continuing education unit (CEU) during the preceding twelve (12)-month period.

(2) A CEU shall be defined as ten (10) contact hours of participation in an organized or continuing education experience under responsible sponsorship, capable directors, and qualified instructors. Ten (10) contact hours shall equal one (1) CEU; and fifty (50) minutes of instruction shall equal one (1) contact hour.

(3) The course of instruction shall be related to occupational safety and health, and seminar programs that offer CEU credit shall be preapproved by the Missouri Workers’ Safety Program. Examples of acceptable areas of instruction are safety management, industrial hygiene, industrial safety, general safety, driver safety, fire safety, aviation safety, transportation safety, occupational safety and health administration, accident and statistical reporting, safety training, safety engineering, system safety analysis, construction safety, legal and ethical issues related to safety, chemical or biological safety or environmental safety.

(4) Certified safety engineers or certified safety consultants that want to obtain CEU credit for an unapproved seminar shall submit a written request to the program manager including the seminar brochure which outlines the seminar program and faculty for approval of the seminar to meet the CEU requirement. The request may be submitted after the seminar has occurred.

(5) Correspondence or home study is acceptable; provided, however, the criteria outlined in this rule is satisfied.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.090 Grounds for Refusal, Revocation or Suspension of Certification {#sec-8-csr-50-7.090 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.090}

PURPOSE: This rule identifies the grounds available to the division for refusing to issue a certificate, or for revoking or suspending any certificate that has been issued.

(1) The Missouri Workers’ Safety Program may refuse to issue or renew any certificate for failures to comply with the requirements set out in 8 CSR 50-7.070 and 8 CSR 50- 7.080. The Missouri Workers’ Safety Program shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his/her right to file an appeal with the Labor and Industrial Relations Commission.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.100 Public Complaint Handling and Disposition Procedure {#sec-8-csr-50-7.100 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.100}

PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of public complaints.

(1) The Missouri Workers’ Safety Program shall receive and process, as appropriate, any complaint made against any certificate holder, registered applicant or other individual entity which alleges certain acts or practices which may constitute one (1) or more violations of the Missouri Workers’ Compensation Law. Complaints received from sources outside Missouri shall be processed in the same manner as those that originate within Missouri. The division director or any division staff member may file a complaint pursuant to this rule in the manner as any member of the public.

(2) Complaints should be mailed or delivered to the following address: Missouri Workers’ Safety Program, P.O. Box 58, Jefferson City, MO 65102. Complaints may be based upon personal knowledge or beliefs based on information received from other sources.

(3) All complaints should be made in writing and shall fully identify the complainant by name and address.

(4) Each complaint received under this rule will be maintained by the division. The complaint file shall contain a record of each complainant’s name and address; the subject(s) of the complaint; the date each complaint is received by the division; a brief statement of the complaint, including the name of any person injured or victimized by the alleged acts or practices; a notation whether the complaint resulted in dismissal by the division or formal charges being filed with the Missouri Department of Insurance or the division director; and the ultimate disposition of the complaint.

(5) Each complaint received under this rule shall be acknowledged in writing.

(6) This rule should not be deemed to limit the Missouri Workers’ Safety Program’s

(7) The division interprets this rule to exist for the benefit of those members of the public who submit complaints to the division.

This rule does not create any cause of action for certificate holders against those filing complaints with the division.

Nov. 13, 1994. Emergency rule filed Oct. 24,

History

• authority to file any complaint with the Missouri Department of Insurance or the division director charging a certificate holder of any unlawful conduct or violation. The complaint filed by the division shall not be limited to the acts charged in a public complaint.

8 CSR 50-7.110 Investigation {#sec-8-csr-50-7.110 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.110}

PURPOSE: This rule sets forth the procedure to be used in conducting an investigation and responsibilities of the complainant.

(1) Upon receipt of the complaint in proper form, the division may investigate the actions of the certificate holder, applicant or registrant against the complaint as made. In conducting an investigation, the division in its discretion may request the certificate holder, applicant or registrant under investigation to answer the charges made against such business or person in writing and to produce relevant documentary evidence and may request such person or business to appear before it.

(2) A copy of any written answer of the certificate holder, applicant or registrant shall be furnished to the complainant.

Nov. 13, 1994. Emergency rule filed Oct. 24,

8 CSR 50-7.120 Denial of Certification {#sec-8-csr-50-7.120 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-7.120}

PURPOSE: This rule outlines the procedure to be used to appeal a decision by the Missouri Workers’ Safety Program of the Division of Workers’ Compensation.

(1) Any individual or business may contest a denial of certification by requesting a hearing before the Labor and Industrial Relations Commission or its designee.

Nov. 13, 1994. Emergency rule filed Oct. 24, 6CODE OF STATE REGULATIONS (12/31/00) Rebecca McDowell Cook

Chapter 8 Tort Victims

8 CSR 50-8.010 Rules Governing Tort Victims {#sec-8-csr-50-8.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 50-8.010}

PURPOSE: This rule sets forth requirements for filing and pursuing claims against the Tort Victims’ Compensation Fund, sections 537.675 through 537.693, RSMo.

(1) Compliance with Rule. Any party pursuing a claim against the Tort Victims’ Compensation Fund shall comply with this rule.

(2) Terms Defined.

(A) Terms defined in section 537.675, RSMo, shall have the same meaning when used in this rule.

(B) The following terms, when used in this

rule, shall mean:

1. Award—A final administrative determination made by the division on a claim Fund, or a final decision made by an administrative law judge or legal advisor following an evidentiary hearing, or a final decision by the Labor and Industrial Relations Commission or by the appellate court;

2. Claimant—A person filing a claim Fund, alleging to be an uncompensated tort victim;

3. Due diligence in enforcing the judgment—Utilization of reasonable lawful efforts to collect the amount of the judgment (in whole or in part) from the judgment debtor, from the judgment debtor’s policy or policies of insurance, and from the judgment debtor’s property, without unreasonable delay;

4. Judgment debtor—A person or entity against whom judgment has been obtained and which judgment remains unsatisfied;

5. Tortfeasor—A person or entity whose negligent, grossly negligent, reckless or intentional act or acts, or failure to act, personally or through an agent, results in injury or death to any other person.

(3) Filing of Claims and Supporting Documentation.

(A) A claim against the Tort Victims’ Compensation Fund must be commenced by the filing of an Application for Tort Victims Compensation (form WCT-1) with the Tort Victims’ Compensation Program at the division’s Jefferson City office. An application may be made on the WCT-1 form printed by the division, or an accurate photocopy thereof.

(B) The Application for Tort Victims’ Compensation (form WCT-1) may be filed in person at the division’s Jefferson City office or by mailing to the division’s Jefferson City office. An Application for Tort Victims’ Compensation presented or mailed to a division office other than the Jefferson City office shall be rejected for filing.

(C) Any Application for Tort Victims’ Compensation shall not be considered filed with the division until completed in its entirety and date-stamped by the division. Upon the filing of an Application for Tort Victims’ Compensation with the division, the division shall assign a case identification number to the proceedings and acknowledge receipt of tion by mailing an acknowledgment letter by first class mail, postage prepaid, to the claimant at the claimant’s last known address or to the last known address of the claimant’s attorney or other legal representative. The case identification number for a case commenced during the initial claims period shall contain the prefix “ICP.” The case identification number for a case commenced after December 31, 2002, shall have as its prefix the calendar year of its filing (e.g., “2003,”

“2004”).

(D) All correspondence and communications concerning any pending Application for Tort Victims’ Compensation shall be directed to the division’s Jefferson City office, and shall bear the case identification number assigned by the division. All forms, reports, affidavits, medical records, and other documents concerning any Application for Tort Victims’ Compensation shall be filed with the division’s Jefferson City office, and shall bear the case identification number assigned by the division.

(E) Within thirty (30) days after filing of Jefferson City office a certified copy of a final monetary judgment against a tortfeasor for personal injury or wrongful death, as well as documentation that all appeals are final, or that the time for appeal has expired. In a case where no final judgment has been rendered, within thirty (30) days after filing of the Application for Tort Victims’ Compensation, the claimant shall file with the division’s Jefferson City office the affidavit establishing the basis upon which the requirement of a final judgment should be waived, in accordance with section 537.678.2, RSMo.

(F) Within thirty (30) days after filing of Jefferson City office all documentation evidencing that the claimant has not collected the full amount of the judgment and that the claimant has exercised due diligence in enforcing the judgment against the tortfeasor.

This documentation may include, but is not limited to, certified copies of the tortfeasor’s discharge in bankruptcy, insurance policies of the tortfeasor, documents evidencing insolvency of the tortfeasor’s insurer, affidavits, documents evidencing attempts at execution, attachment, garnishment, sequestration, etc., results of asset searches, and other similar documentation.

(G) Within thirty (30) days after filing of Jefferson City office the medical reports bearing upon claimant’s injuries occasioned by the tortfeasor, including diagnosis, treatment, prognosis and description of permanent injury and disability.

(H) Within thirty (30) days after filing of Jefferson City office legible identical photocopies of all bills and documents supporting the payment of all unreimbursed expenses and medical costs, and documents supporting claims of lost wages or other income, or loss of support occasioned by the injuries or the death.

(I) If, in the judgment of the division, additional documentation is required of the claimant, the claimant shall provide same upon written request of the division, within twenty (20) days of such written request.

(J) Upon application of the claimant, the division may allow additional time for the filing of any documents required under subsections (E), (F), (G), (H), and (I) of this section.

(K) After filing the Application for Tort Victims’ Compensation, if the claimant fails timely to take all necessary steps to support the claim as may be required by the division, including, but not limited to, the filing of any documents required under subsections (E), (F), (G), (H) and (I) of this section, the division may dismiss the claim without prejudice.

After such dismissal without prejudice, the claimant may refile the claim unless it is then barred by the applicable statute or statutes of limitation. A claim which is refiled after having been dismissed shall be given a different case identification number.

(L) Except for claims filed during the initial claims period, if it appears to the division that the claim has not been filed within the time limits established by section 537.684.2, RSMo, the division may enter its order dismissing the claim, and such dismissal shall be deemed a final award for purposes of Commission.

(4) Administrative Review of Claims; Request for Hearing on Administrative Determination; Failure of Timely Request for Hearing.

(A) Within sixty (60) days after the filing of an Application for Tort Victims’ Compensation, the division shall commence an administrative review of the Application for Tort Victims’ Compensation and of the documentation provided by the claimant. During this review, the division may require the claimant to produce additional documentation as contemplated in subsection (3)(I) hereinabove, and may also require the claimant to file one (1) or more affidavits or to answer written questions under oath.

(B) Upon completion of the administrative review, the division shall issue its administrative determination awarding compensation in an amount certain or denying compensation in full. The division shall, immediately upon issuance of the administrative determination, send a copy thereof by first class mail, other legal representative. The administrative determination shall contain a notice advising the claimant of the claimant’s right to a hearing on the claim, instructions for requesting a hearing, and a form for the filing of the request for hearing.

(C) In the event the claimant does not wish to accept the administrative determination, the claimant shall, within twenty (20) days after the issuance of the administrative determination, sign and file with the division’s Jefferson City office the request for hearing, utilizing the form provided with the administrative determination.

(D) In the event the claimant does not file the request for hearing within twenty (20) days after the issuance of the administrative determination, the administrative determination shall become the final award in the case.

(E) Upon timely filing of the request for hearing, the division shall immediately assign the case to an administrative law judge or legal advisor for evidentiary hearing.

(F) The claimant may withdraw the request for hearing, with prejudice, at any time after the filing of the request and prior to the conclusion of the evidentiary hearing. The withdrawal of the request for hearing must be in writing and must be signed by the claimant and/or by the claimant’s attorney. The claimant may not withdraw the request for hearing without prejudice. Upon withdrawal of the request for hearing, the administrative determination shall become the final award in the case.

(5) Evidentiary Hearing; Where and When Held; How Conducted; Award; Review.

(A) All evidentiary hearings of claims against the Tort Victims Compensation Fund shall be held in the division’s Jefferson City office.

(B) Within twenty (20) days after the timely filing of the request for hearing, the administrative law judge or legal advisor to whom the case is assigned shall set the date and time for the evidentiary hearing. The notice of the date and time of the evidentiary hearing shall be sent by first class mail, postage prepaid, to the claimant at the claimant’s last known address or to the last known address of the claimant’s attorney or other legal representative.

(C) The evidentiary hearing shall be a simple informal proceeding. The rules of evidence in civil cases in the state of Missouri shall apply, except that the administrative law judge or legal advisor may take official notice of the contents of the division’s file. A record shall be made of all evidentiary hearings held under this rule. All exhibits offered into evidence shall be marked for identification with the case identification number assigned by the division. All exhibits admitted into evidence shall become a part of the record and shall be retained in the division’s file. Any exhibits offered into evidence, but not admitted into evidence by the administrative law judge or legal advisor, may be retained in the division’s file for purposes of appellate Commission and/or the appropriate appellate court.

(D) The claimant shall be prepared to present all evidence at the date and time set for the evidentiary hearing. The hearing shall be completed on the scheduled date, unless, in the sole discretion of the administrative law judge or legal advisor, there is insufficient time to conclude the hearing on the scheduled date, in which case the hearing shall be concluded on the next available date. The administrative law judge or legal advisor may grant the claimant additional time after the hearing, not exceeding ten (10) days, to submit additional documentary evidence, if, in the sole discretion of the administrative law judge or legal advisor, the failure to allow such additional time would result in substantial injustice to the claimant.

(E) All requests for continuance of an evidentiary hearing shall be in writing, shall bear the case identification number assigned by the division, and shall be filed with the division’s Jefferson City office. The administrative law judge or legal advisor shall continue an evidentiary hearing only for good cause, and the evidentiary hearing, when continued, shall be rescheduled for the next available date.

(F) If the claimant fails to appear for the evidentiary hearing at the date and time scheduled, the administrative law judge or legal advisor, in his or her sole discretion, may reschedule the evidentiary hearing for the next available date, or may dismiss the request for hearing with prejudice. The dismissal of the request for hearing by the administrative law judge or legal advisor for such failure of the claimant to appear shall render the administrative determination the final award in the case. Immediately upon the rendering of a dismissal of a request for hearing by the administrative law judge or legal advisor for failure of the claimant to appear, the division shall send a copy thereof by first class mail, postage prepaid, to the claimant at the claimant’s last known address or to the last known address of the claimant’s attorney or other legal representative. Such dismissal shall be deemed a final award for purposes of Commission.

(G) Within thirty (30) days after the conclusion of the evidentiary hearing, the administrative law judge or legal advisor shall issue the decision in the case, either awarding compensation in an amount certain or denying compensation in full.

(H) The division shall, immediately upon issuance of the decision, send a copy thereof by first class mail, postage prepaid, to the claimant at the claimant’s last known address or to the last known address of the claimant’s attorney or other legal representative. The decision shall contain a notice advising the claimant of claimant’s right to have the decision reviewed by the Labor and Industrial Relations Commission, and informing the claimant of the time for filing the petition for review.

(I) A petition for review must be filed with the Labor and Industrial Relations Commission within thirty (30) days following the date of notification or mailing of such decision to the claimant, as provided by section 537.690.1, RSMo, and such petition for review shall be filed with the commission on a form provided for such purpose by the commission.

(6) Procedure for Payment of Awards on Claims Made During Initial Claims Period.

(A) On June 30, 2003, the division shall determine the aggregated amount of all final, unappealable awards made on claims filed during the initial claims period, and bearing 4CODE OF STATE REGULATIONS (7/31/02) MATTBLUNT INDUSTRIAL RELATIONSDivision 50—Workers’ Compensation case identification numbers with the prefix “ICP.” Any award that is not final as of June 30, 2003 (due to a pending petition for review before the commission, or due to a pending appeal before the court of appeals) shall not be figured into this determination, but shall be figured into the determination in the subsequent annual claims period (if funds are available).

(B) If the aggregated amount of all final, unappealable awards as of June 30, 2003 does not exceed the total amount of money in the fund, the division shall cause the awards to be paid in full on or before September 30, 2003.

If the aggregated amount of all final, unappealable awards as of June 30, 2003 exceeds the total amount of money in the fund, the division shall cause the awards to be paid on a pro rata basis on or before September 30, 2003.

(C) The payments shall be made by check, payable to the claimant (or to such other person or persons as may be specified in the award), and shall be sent by first class mail, other legal representative.

(7) Procedure for Payment of Awards on Claims Made During an Annual Claims Period.

(A) On June 30 of the year following the close of an annual claims period, the division shall determine the aggregated amount of all final, unappealable awards made on claims filed during the annual claims period, plus all final, unappealable awards made on claims filed during any prior claims period but which were not included in the determination made on June 30 of the year following the close of that claims period. Any award that is not final as of the date of the determination (due to a pending petition for review before the commission, or due to a pending appeal before the court of appeals) shall not be figured into this determination, but shall be figured into the determination in the subsequent annual claims period (if funds are available).

(B) If the aggregated amount of all final, unappealable awards as of June 30 of the year following the close of an annual claims period does not exceed the total amount of money in the fund, the division shall cause the awards to be paid in full on or before September 30 of that year. If the aggregated amount of all final, unappealable awards as of June 30 of the year following the close of an annual claims period exceeds the total amount of money in the fund, the division shall cause the awards to be paid on a pro rata basis on or before September 30 of that year.

(C) The payments shall be made by check, payable to the claimant (or to such other person or persons as may be specified in the award), and shall be sent by first class mail, other legal representative.

(D) If there are no funds available, the procedures set forth in section 537.684.9 and 10, RSMo shall be followed.

(8) Attorney’s Fees. Sections 537.675 through 537.693, RSMo do not give the division jurisdiction to allow, deny or otherwise regulate attorney’s fees in proceedings Fund. Therefore, the division shall make no rulings or findings regarding attorney’s fees; however, upon written request made to the division by the claimant, the division may order that payment of any award be made jointly to the claimant and to the claimant’s attorney, in order to facilitate the payment of lawful attorney’s fees.

(9) Payor of Last Resort. The Tort Victims’ Compensation Fund is a payor of last resort.

Therefore, the division shall examine all other payment sources or potential payment sources available to the claimant and shall take them into account when determining the amount of the final award. Other payment sources may include, but are by no means limited to, court-ordered restitution, medical insurance, life insurance, disability insurance, premises liability insurance, uninsured motorist coverage, underinsured motorist coverage, and workers’ compensation benefits.

(10) One (1) Claim per Occurrence. Only one (1) claim may be brought against the Tort Victims’ Compensation Fund for the injury of any one (1) person arising out of any occurrence or any causally related series of occurrences. Only one (1) claim may be brought for the death of any one (1) person. Those parties identified in section 537.681.1(2)(a) and (b) must join in one (1) claim against the Tort Victims’ Compensation Fund and must prove their status to the satisfaction of the division and to the exclusion of any other parties who might be eligible for compensation under section 537.681.1, RSMo.

(11) Legal Disability of a Claimant. If any claimant is a minor, mentally or physically incapacitated or disabled, the division may require that a conservatorship be established and that any award be made payable to the conservator. In no instance shall payment be made directly from the Tort Victims’ Compensation Fund to any person legally incompetent to receive such payment, but shall be made instead to a parent, conservator, guardian or attorney-in-fact under a durable power of attorney for the benefit of said person, as the division shall order.

(12) Acts or Conduct of Victim; Effect on Award. The division may consider the contributory fault, comparative fault, or other acts or conduct of the victim in determining the amount of the award, pursuant to sections 537.681.2 and 537.684.3(4), RSMo.

(13) Unjust Enrichment.

(A) In determining whether an award can be made without unjustly enriching a tortfeasor, the division shall evaluate whether the tort victim can and will prevent access by the tortfeasor to the proceeds of any award.

(B) An unjust enrichment determination shall not be based solely on the presence of the tortfeasor in the household at the time of the injury or death, or at the time of the award. The presence of the tortfeasor in the household is only one (1) factor to be considered in determining unjust enrichment, and the determination shall be made on a case-bycase basis according to the unique facts and circumstances of each case.

(14) Disclosure.

(A) No information obtained by the division shall be disclosed to persons other than the parties to the proceedings, and their attorneys, except by order of the division or the commission, but information may be used for statistical purposes.

(B) A request to inspect, or to receive copies of, any documents in the possession of the division as a result of a claim made shall be made in writing to the division’s Jefferson City office.

(C) The charge for copies of documents shall not exceed the actual cost of document search and duplication.

(D) Persons inspecting documents shall not alter, deface or mark the documents in any manner.

(15) Mailings to Attorney. When a claimant is represented by an attorney, the division shall make all mailings to both the claimant and to the claimant’s attorney.

History

• AUTHORITY: sections 537.675–537.693, RSMo Supp. 2001. Original rule filed Jan. 8, 2002, effective Aug. 30, 2002. Original authority: 537.675–537.693, RSMo see Missouri Revised States 2000 and Supp. 2001.

Division 60 Missouri Commission on Human Rights

Chapter 1 Organization

8 CSR 60-1.010 General Organization {#sec-8-csr-60-1.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-1.010}

PURPOSE: This rule describes the general organization of the commission and the methods and procedures people may use to obtain information about it, as required by section 536.023, RSMo.

(1) The purpose of the commission is to eliminate and prevent discrimination in housing because of race, color, religion, national origin, ancestry, sex, disability, or familial status. The commission also is empowered to eliminate and prevent discrimination in employment because of race, color, religion, sex, national origin, ancestry, disability, or age. The commission also is empowered to eliminate and prevent discrimination in public accommodations because of race, color, religion, national origin, ancestry, sex, or disability. Because of the overriding public concern in eliminating discriminatory practices, the commission shall have jurisdiction over all persons, public or private, except those specifically exempted by law.

(2) The commission has the powers, duties, and functions to enforce Chapter 213, RSMo.

The commission has created the position of executive director to organize a staff to aid the commission in the enforcement of its statutory power. The staff shall aid the commission in investigation and conciliation and in preparation of cases for hearing so that the commission’s work will be performed in a manner consistent with its prescribed purpose of eliminating discriminatory practices in this state.

(3) The general public may obtain information about the commission or make submissions to the commission at any of the commission offices.

(4) The commission holds periodic meetings, which are open to the public, in the various congressional districts representative of the commission membership. Notice of these meetings appears in the public press, by mail to persons requesting this notice, and as provided by section 610.020, RSMo.

Filed Dec. 2, 1992, effective June 7, 1993.

Amended: Filed March 16, 2009, effective Sept. 30, 2009. Amended: Filed April 27, 2018, effective Nov. 30, 2018. *Original authority: 213.020, RSMo 1959, amended 1986, 1992, 1998 and 536.023, RSMo 1975, amended 1976, 1997, 2004.

JOHNR. ASHCROFT(10/31/18)

History

• AUTHORITY: sections 213.020 and 536.023, RSMo 2016. This rule was previously filed as 4 CSR 180-1.010. Original rule filed April 1, 1977, effective July 11, 1977. Amended:

Chapter 2 Procedural Regulations

8 CSR 60-2.010 Complaint Investigative and Conciliatory Process {#sec-8-csr-60-2.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.010}

8 CSR 60-2.015 Definitions {#sec-8-csr-60-2.015 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.015}

PURPOSE: This rule defines terms used in these rules.

(1) Where used in these rules, unless the context otherwise clearly requires— (A) Commission, discrimination, unlawful discriminatory practice, dwelling, employer, employment agency, family, handicap, labor organizations, person, places of public accommodation, rent and age shall mean the same as those terms are used in the Act;

(B) The phrase a violation of sections 213.040, 213.045, 213.050 or 213.070, RSMo, to the extent that the alleged violation of 213.070, RSMo relates to or involves a violation of one (1) or more of such other sections or relates to or involves the encouraging, aiding or abetting of a violation of such other sections means an alleged violation of the section listing unlawful housing practices, the section prohibiting discrimination in commercial real estate loans, the section prohibiting discrimination in selling or renting by real estate agencies or the section listing additional unlawful discriminatory practices. However, for an alleged violation of the latter section to be applicable in this context, the alleged violation must relate to, involve or grow out of alleged unlawful housing practices, discrimination in commercial real estate loans or discrimination in selling or renting by real estate agencies. That is, an alleged violation of section 213.070, RSMo applies here when it is housing-related. The following examples illustrate this definition:

1. Example: A complaint is filed under

section 213.070(2), RSMo alleging retaliation for filing a prior complaint. To be within the meaning of the phrase defined at sub-

section (1)(A), the prior complaint must have alleged an unlawful housing practice, discrimination in commercial real estate loans or discrimination in selling or renting by real estate agencies;

2. Example: A complaint is filed under

section 213.070(1), RSMo alleging that a person attempted to aid, abet, incite, compel and coerce the commission of acts prohibited by sections 213.040, 213.045 or 213.050, RSMo. This complaint would be within the meaning of the phrase defined in the subsection; and 3. Example: A real estate broker is told by his/her supervisor not to show a particular house to blacks. S/he refuses because it is unlawful discrimination. The broker is fired and files a complaint under section 213.070, RSMo. As this is housing-related, the broker would have the right of election of forums after his/her case is set for hearing;

(C) The term Act shall mean the Missouri Human Rights Act (Chapter 213, RSMo);

(D) The term aggrieved shall mean injured or having suffered loss, denial or disparate treatment;

(E) The term any person claiming to be aggrieved by an unlawful discriminatory practice shall include any person who:

1. Claims to have been injured or to have suffered loss, denial or disparate treatment from a discriminatory practice; or 2. Believes that s/he will be injured or will suffer loss, denial or disparate treatment from a discriminatory practice that is about to occur;

(F) The term chairperson shall mean the chairperson of the Missouri Commission on Human Rights and the term commissioner shall mean any member, including the chairperson of the Missouri Commission on Human Rights;

(G) The term complainant shall mean a person who files a complaint with the commission, including the attorney general in the case of a complaint initiated by the attorney general or the complainant’s agent;

(H) The term complaint shall mean an allegation of a violation of the Act filed with the commission in accordance with the provisions of the Act and these rules;

(I) The term executive director shall mean an employee of the commission, selected by, and serving at the will of the commission as executive director, who shall have duties, powers and authority as may be conferred upon him/her by the commission, subject to the provisions of the Act;

(J) The term housing for older persons means housing— 1. Provided under any state or federal program that the commission determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program. This definition is deemed to be met if the Department of Housing and Urban Development determines the program in question is specifically designed and operated to assist elderly persons;

2. Intended for, and solely occupied by, persons sixty-two (62) years of age or older;

3. Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the following factors are required:

A. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of these facilities and services is not practicable, that this housing is necessary to provide important housing opportunities for older persons; and B. That at least eighty percent (80%) of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and C. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older; or 4. Meeting the following requirements:

A. Persons residing in this housing as of September 13, 1988 who do not meet the age requirements of (1)(J)2. and 3. shall not disqualify this as housing for older persons; provided, that new occupants of this housing meet the age requirement of (1)(J)2. and 3.

B. Unoccupied units shall not disqualify this as housing for older persons; provided, that these units are reserved for occupancy by persons who meet the age requirements of (1)(J)2. and 3.

(K) The term presiding officer shall mean either the presiding commissioner of the hearing panel or a hearing examiner appointed pursuant to section 213.075.5, RSMo; and (L) The term respondent shall mean a person against whom a complaint has been filed in accordance with the Act and these rules.

History

• AUTHORITY: sections 213.030 and 213.040, 7, 1993. 1986, 1992 and 213.040, RSMo 1986, amended 1992.

8 CSR 60-2.020 Discovery of Evidence {#sec-8-csr-60-2.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.020}

8 CSR 60-2.025 Complaint, Investigation, and Conciliation Processes {#sec-8-csr-60-2.025 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.025}

PURPOSE: This rule sets forth the procedures encompassing filing, investigating, and conciliating a complaint. This rule should be read in conjunction with Chapters 213 and 536, RSMo.

(1) Who May File. Any person claiming to be aggrieved by an unlawful discriminatory practice may personally or by agent file with the commission a written and verified complaint of the practice. A person filing a complaint as the agent of a person claiming to be aggrieved, must file with the complaint a statement signed by the person claiming to be aggrieved authorizing the agent to file the complaint. Assistance in preparing and filing complaints shall be available to any complainant at any office of the commission. The attorney general also may file a complaint.

(2) Complaint Form. Every complaint shall be in writing, signed, and verified by being sworn to before a notary public, or other person duly authorized by law to administer oaths and take acknowledgements, or by being supported by an affirmation or declaration in writing under penalty of perjury. A facsimile or electronic signature shall have the same effect as an original signature.

“Electronic signature” means any digital symbol, sound, or process attached to or logically associated with a digital record and executed or adopted by a person with the intent to sign the record. The commission will accept an array of digital objects to serve as an electronic signature. These objects can range from keyboarded characters (for example, “/s/ Jane Doe”), a graphical image of a handwritten signature, or an authenticated process that creates an electronic signature.

An electronic signature is considered attached to or logically associated with a digital record if the electronic signature is linked to the record during transmission and storage.

The complaint shall state facts supporting the allegations of unlawful discriminatory practice and the person against whom the complaint is filed. The complaint shall be upon forms furnished by the commission or Equal Employment Opportunity Commission (EEOC) or other federal agencies which have work-sharing or deferral agreements with the commission, or a local commission which has been certified as substantially equivalent by the commission.

(3) Time of Filing. Any complaint filed under

Chapter 213, RSMo, shall be filed within one hundred eighty (180) days of the alleged unlawful discriminatory practice or its reasonable discovery.

(4) Place and Manner of Filing. A complaint shall be deemed filed on the date actually received by the commission, a commissioner or a member of the commission’s staff when filed in person and on the date postmarked when filed by mail, or in the case of a complaint originally filed with the United States EEOC or other federal agencies, which have worksharing or deferral agreements with the commission or a local commission which has been certified as substantially equivalent by the commission upon the date it is actually received by that commission. If the alleged unlawful practice is of a continuing nature, the last date of this practice shall be deemed to be the last date on which the practice continued, or the date of the filing of the complaint, whichever is earlier. Copies of all complaints filed with a local commission which has been certified as substantially equivalent by the commission are to be forwarded to the commission within seven (7) days of the filing of the complaint with the local commission. If a local commission has jurisdiction to hear a complaint filed with the commission, a complaint shall be deemed to have been filed with the local commission on the date on which the complaint was filed with the commission. Within seven (7) days of the receipt of a complaint which a local commission has jurisdiction to hear, the commission shall forward a copy of the complaint to the local commission.

(5) Amendment of the Complaint During Investigation. The executive director, his/her designee or the complainant shall have the power, reasonably and fairly to amend the complaint. The original complaint and all amendments shall be treated together as a single complaint. A complaint may be amended in any way provided the amended complaint is filed within the time permitted under 8 CSR 60-2.025(3) for the filing of an original complaint. After expiration of the time for filing an original complaint, amendment of a complaint shall also be permitted to cure technical defects or omissions and to clarify and amplify allegations made in the complaint. Amendments alleging additional acts which constitute unlawful discriminatory practices related to or growing out of the subject matter of the original complaint shall relate back to the date the complaint was first received. These amendments may join a person who was not named as a respondent in the original complaint as an additional or substitute respondent. Notice of this joinder shall be served upon the additional or substitute respondent within thirty (30) days after the commission’s receipt of a complaint amended in this manner. The commission’s notice also shall state the reason the person has been joined as a party.

(6) Any time prior to issuance of a notice of public hearing, a complaint may be withdrawn upon written request and with the written consent of the executive director.

(7) Dismissal of Complaint.

(A) If the executive director or his/her designee shall determine, either upon the face of the complaint or after investigation, that the complaint shall be dismissed due to lack of probable cause the same shall be dismissed.

(B) A complaint may be administratively closed by the executive director or his/her designee at any stage prior to setting the case for public hearing— 1. For failure of the complainant to cooperate with the commission;

2. Upon the commission’s inability to locate the complainant;

3. For lack of jurisdiction;

4. In the absence of any remedy available to the complainant;

5. When the complainant files a suit in federal court on the same issues against the respondent named in the commission complaint;

6. When the commission has not completed its administrative processing within one hundred eighty (180) days from the filing of the complaint and the person aggrieved requests in writing a notice of the right to bring a civil action in state court, the executive director or his/her designee will administratively close the complaint and issue the notice; or 7. In any other circumstance where the executive director deems administrative closure to be appropriate.

(C) The parties shall be notified by mail, digital transmission, facsimile, or personal service of the commission’s dismissal or administrative closure and of complainant’s right of appeal.

(D) The executive director or his/her designee may vacate a dismissal or administrative closure of a complaint within one hundred eighty (180) days of the date of the original letter of notification when the dismissal or administrative closure was inappropriate due to an administrative error.

(E) Any person aggrieved by dismissal of a complaint may obtain judicial review by filing a petition in the circuit court of the county of proper venue in the manner provided by section 536.150, RSMo.

(8) Service of Complaint upon Respondent. A copy of the complaint shall be served by the commission upon the respondent by mail, digital transmission, facsimile, or personal service, not more than thirty (30) calendar days after a verified complaint has been received by the commission. This requirement shall not apply to any complaint that has been dismissed prior to the time the service is required. This requirement shall not apply to any complaint filed originally with the EEOC or other federal agencies that have work-sharing or deferral agreements with the commission or a local commission that has been certified as substantially equivalent by the commission that will be deemed properly served if service is effected according to the requirements of the agency with which the complaint is originally filed. This requirement shall not apply to any complaint that is under jurisdictional determination prior to docketing or in which a housing or public accommodations test is being conducted; however, the complaint shall be served within thirty (30) days of the conclusion of the jurisdictional determination or of the test. In complaints alleging a violation of sections 213.040, 213.045, 213.050, or 213.070, RSMo, to the extent that the alleged violation of 213.070, RSMo, relates to or involves a violation of one (1) or more of such other sections or relates to or involves the encouraging, aiding, or abetting of a violation of such other sections, when the complainant and respondent are served copies of the complaint, the complainant shall be advised of the time limits and choice of forums provided under the law and respondent shall be notified of respondent’s procedural rights and obligations under the law.

(9) Investigation. As part of the investigation of any complaint not dismissed prior to service of the complaint upon the respondent, the respondent shall be given an opportunity to present an oral or written statement of its position. Investigations shall be accomplished by methods including, but not limited to, fact-finding conferences, personal interviews, written interrogatories, tests, requests for production of documents, books or papers, or other materials and reviews of investigations of other civil rights agencies. If a respondent refuses to cooperate with the investigation, information needed may be subpoenaed. The secretary to the commission shall issue subpoenas. Subpoenas shall be processed in accordance with the provisions of Chapter 536, RSMo. For complaints alleging violation of section 213.070, RSMo, as it relates to or involves alleged violations of

section 213.040, 213.045, or 213.050, RSMo, or as it relates to or involves the alleged encouraging, aiding, or abetting the violation of these sections and for complaints alleging violations of sections 213.040, 213.045, or 213.050, RSMo, the following shall apply:

(A) The commission shall commence proceedings with respect to the complaint before the end of the thirtieth day after receipt of the complaint;

(B) The commission shall investigate the allegations of the complaint and, unless it is impracticable, complete the investigation in no more than one hundred (100) days after receipt of the complaint. If the commission is unable to complete the investigation within one hundred (100) days, it shall notify the complainant and respondent in writing of the reasons for not doing so; and (C) Unless it is impracticable to do so, the commission shall make final administrative disposition of a complaint within one (1) year of the date of receipt of a complaint. If the agency is unable to do so, it shall notify the complainant and respondent in writing of the reasons for not doing so.

(10) Service of the Finding of Probable Cause.

If, after investigation, the executive director shall find probable cause to credit the allegations of the complaint, that finding of probable cause shall be filed with the secretary to the commission. Not more than fifteen (15) calendar days after the filing, the commission shall serve, by certified mail, digital transmission, facsimile, or personal service upon the complainant and the respondent, a copy of the complaint and all amendments to the complaint, a copy of the finding of probable cause, a copy of the commission’s procedural regulations, and notice that conciliation shall be attempted.

(11) Conciliation Attempts. Where the executive director or his/her designee determines that there is probable cause to credit the allegations of the complaint that an unlawful discriminatory practice has occurred or is occurring, the executive director or his/her designee shall endeavor to eliminate that practice by informal methods of conference, conciliation, and persuasion. In conciliating a case, the executive director or his/her designee shall attempt to achieve a resolution agreeable to the parties of all violations found and to obtain an agreement that the respondent will eliminate the unlawful discriminatory practice and provide appropriate relief.

(12) Conciliation Agreement. If, after a finding of probable cause, and as a result of conference, conciliation, and persuasion, the executive director or his/her designee shall determine that the alleged unlawful discriminatory practice of which complaint is made will be remedied and eliminated by appropriate remedial action to which the parties agree, the terms of the remedial action shall be reduced to a written agreement and shall be signed by the respondent and the complainant and by the executive director or his/her designee on behalf of the commission. The written agreement shall constitute a final and enforceable order of the commission.

(13) Compliance Reports. The commission may require any party to submit to the commission those compliance reports as it deems necessary to show the manner of compliance with the terms of any conciliation agreement or settlement agreement to which the parties and the commission may have agreed. The commission may require the posting of fair employment, fair housing, or fair public accommodations posters at the respondent’s establishment.

(14) Failure of Conciliation.

(A) If the respondent does not respond within fifteen (15) calendar days after the receipt of the proposed conciliation remedy, the executive director or his/her designee may determine that conciliation has failed as a result of inactivity on the part of the respondent.

(B) If the executive director is unable to eliminate the alleged unlawful discriminatory practice by conference, conciliation, and persuasion, the executive director or his/her designee shall make a determination that conciliation has failed. Conciliation fails when either the respondent, the executive director or his/her designee, or the complainant refuses to sign a conciliation agreement, or the respondent or complainant otherwise indicates unwillingness to conciliate.

(15) Disclosure of Information in the Case Files.

(A) Nothing said or done in the course of settlement or conciliation negotiations of employment or public accommodations complaints shall be made public or used in evidence in any subsequent proceeding under

Chapter 213, RSMo, without the written consent of the complainant and respondent. Any settlement or conciliation agreement of a complaint alleging violation of section 213.070, RSMo, as it relates to or involves alleged violations of section 213.040, 213.045, or 213.050, RSMo, or as it relates to or involves the alleged encouraging, aiding or abetting the violation of these sections or for a complaint alleging violation of section 213.040, 213.045, or 213.050, RSMo, shall be made public unless the parties otherwise agree and the executive director determines that disclosure is not required to further the

purpose of Chapter 213, RSMo.

(B) If a complaint has been filed pursuant to Chapter 213, RSMo, alleging commission of an unlawful discriminatory practice documents will remain confidential as provided in

section 213.077, RSMo. Additionally— 1. Sensitive or confidential records include medical or personnel records of persons not party to the complaint;

2. After a notice of hearing has been issued, the official records of the hearing shall be open; and 3. To achieve the purposes of Chapter 213, RSMo, this rule shall not apply to disclosure of information to representatives of interested federal, state, or local civil or human rights agencies.

(C) No information concerning intragovernmental advisory or deliberative functions shall be disclosed.

rule filed April 15, 1988, effective July 11, 1988. Amended: Filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed July 1, 1996, effective Dec. 30, 1996. Amended: Filed April 27, 2018, effective Nov. 30, 2018.

Amended: Filed Jan. 6, 2020, effective July 30, 2020. Amended: Filed Sept. 13, 2021, effective April 30, 2022. 1986, 1992, 1993, 1995, 1998; 213.075, RSMo 1986, amended 1992, 2017; 213.077, RSMo 1992; 213.085, RSMo 1986, amended 1992; and 213.111, RSMo 1986, amended 1992, 1998, 1999, 2017.

History

• AUTHORITY: sections 213.030, 213.077, and 213.085, RSMo 2016, and sections 213.075 and 213.111, RSMo Supp. 2021. Original

8 CSR 60-2.030 Public Hearings {#sec-8-csr-60-2.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.030}

8 CSR 60-2.035 Notice of Hearing {#sec-8-csr-60-2.035 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.035}

PURPOSE: This rule indicates the requirements of the notice to the parties of a public hearing.

(1) Upon the failure of conciliation efforts, the chairperson, his/her designee or the person designated as acting chairperson, if in his/her judgement circumstances so warrant, may order the case set for public hearing before a panel of commissioners or before a hearing examiner. Notice of public hearing shall be served on all parties not less than thirty (30) days prior to the scheduled date of hearing except as otherwise provided in 8 CSR 60-2.130. The notice of public hearing shall be accompanied by a copy of the complaint, as it may have been amended. The notice of public hearing and accompanying documents shall be served by certified mail or by personal service.

(2) Proof of service shall consist of either the verified return of the individual who made service, which return shall set forth the manner of service. Proof of service by certified mail shall consist of the signed return receipt from the certified mail.

8 CSR 60-2.040 Orders {#sec-8-csr-60-2.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.040}

8 CSR 60-2.045 Parties at Hearing {#sec-8-csr-60-2.045 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.045}

PURPOSE: This rule indicates the parties at a public hearing and their duties and responsibilities.

(1) The complaint shall be presented by an attorney of the staff of the attorney general before a commission panel or a hearing examiner.

(2) The complainant may be present at the hearing, with or without counsel. Within the limitations allowed by the presiding officer before the hearing date, the complainant may file motion to intervene in person or by counsel. The motion to intervene shall be granted, and the complainant after this shall be designated as the complainant-intervenor and shall be a party to the action with the right to submit oral testimony and other evidence and examine and cross-examine witnesses. The complainant, whether intervening or not, shall be treated as a party for discovery purposes.

(3) The respondent shall be a party to the proceedings and may be present at the hearing, with or without counsel. The respondent shall be allowed in person or by counsel, to examine and cross-examine witnesses, and may submit oral testimony and other evidence. If the respondent is a corporation, it shall be represented by an attorney.

(4) At the discretion of the presiding officer, any person other than complainant may be allowed to intervene, in person or by counsel, for the purposes and to the extent as the presiding officer shall determine. and section 213.075, RSMo Supp. 2017.* July 11, 1988. Amended: Filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed April 27, 2018, effective Nov. 30, 2018. 1986, 1992, 1993, 1995, 1998 and 213.075, RSMo 1986,

8 CSR 60-2.050 Judicial Review {#sec-8-csr-60-2.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.050}

8 CSR 60-2.055 Practice by Attorneys {#sec-8-csr-60-2.055 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.055}

PURPOSE: This rule addresses who may practice before the commission and attorneys filing entries of appearance.

(1) Only persons who are licensed attorneys admitted to practice in this state or permitted to practice in Missouri by the Missouri Supreme Court rules will be permitted to practice before the commission. An individual who is a party may act as his/her own attorney. A corporation shall be represented by an attorney.

(2) The attorney representing any party in any proceedings under the Act shall file an entry of appearance with the presiding officer, and after that all notices, orders and other documents served by the commission shall be served upon the attorney instead of upon the party s/he represents, until the attorney or the party notifies the presiding officer in writing that the attorney no longer represents or is authorized to represent the party.

8 CSR 60-2.060 Practice Before the Commission and Certification {#sec-8-csr-60-2.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.060}

8 CSR 60-2.065 Pleadings {#sec-8-csr-60-2.065 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.065}

PURPOSE: This rule defines the form and procedures for the filing of pleadings during the public hearing process.

(1) After a contested case has been set for public hearing, the complaint may be amended by the commission or by the complainantintervenor, within the time limits set by the presiding officer, to cure technical defects or omissions, including to clarify and amplify allegations made in the complaint. Any amended complaint filed by the commission or the complainant-intervenor shall be filed with the presiding officer, and a copy shall be served on each party. The original complaint and all amendments shall be treated together as a single complaint. An answer to a complaint or amended complaint shall not be required. If no answer is filed, the allegations in the complaint or amended complaint shall be deemed denied. However, if an answer is filed, any allegation in the complaint not answered shall be deemed admitted. Any affirmative allegation and any allegation of new matter contained in an answer shall be deemed denied without the necessity of a reply. Any answer must be filed within the time limits as may be established by the presiding officer.

(2) Each document shall bear on the first page the caption, descriptive title, and num ber of the matter in which it is filed and shall identify the party on whose behalf it is filed. Each document shall contain on the final page the name, address, and telephone number and Missouri bar number of the attorney in active charge of the case, or name, address, and telephone number of the party if appearing pro se.

(3) Copies of all written communications to the presiding officer shall be served on all other parties.

(4) When service of any notice, rule, order, pleading, motion, or other paper is required, proof of service shall be filed with the presiding officer. Proof of service, except when otherwise noted, may be shown by acknowledgement or receipt or by affidavit or by written certificate of counsel making that service.

(5) Any document submitted by a party that is received by the presiding officer beyond the established number of days for submittal may be disregarded by the presiding officer.

(6) Where a party requires additional time to submit any document, a written request for the extension must be submitted to the presiding officer and shall include the positions of all parties to the request. The request shall be filed prior to the expiration of the time period for the document in question. The presiding officer may grant an extension of time only in situations where the need for more time is due to circumstances beyond the control of the party so requesting or where refusal to extend the time would create an undue hardship on the party so requesting.

The presiding officer shall notify the party who requested the extension whether it will be granted.

(7) Where an extension of time is allowed, the presiding officer shall advise the participant who did not file the request of the extension and the new due date and that the participant shall have the same extension of time.

Dec. 2, 1992, effective June 7, 1993.

Amended: Filed March 16, 2009, effective Sept. 30, 2009.

8 CSR 60-2.070 Amendments and Availability of Rules {#sec-8-csr-60-2.070 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.070}

8 CSR 60-2.075 Ex Parte Communications {#sec-8-csr-60-2.075 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.075}

PURPOSE: This rule indicates inappropriate communications between the parties or their representatives, the presiding officer and commission members.

(1) A party or his/her representative shall not communicate, directly or indirectly, with a presiding officer or any member of the commission in connection with any issue of fact or in connection with any other substantive issue relating to a specific case except upon notice and opportunity for all parties to participate.

8 CSR 60-2.080 Construction of Rules and Pleadings {#sec-8-csr-60-2.080 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.080}

8 CSR 60-2.085 Disclosure of Information in Case Files at Hearing Stage {#sec-8-csr-60-2.085 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.085}

(Rescinded November 30, 2018)

RSMo (Cum. Supp. 1992). Original rule filed 7, 1993. Rescinded: Filed April 27, 2018, effective Nov. 30, 2018.

8 CSR 60-2.090 Prehearing Conferences dures and scope of prehearing conferences. {#sec-8-csr-60-2.090 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.090}

(1) The presiding officer may hold prehearing conferences for the purpose of facilitating the hearing process, ruling on motions and making other determinations as may be necessary for the efficient functioning of the hearing process.

(2) These prehearing conferences may be held by telephone conference call unless the presiding officer shall decide an in-person conference is required.

(3) The purpose of the prehearing conference may be to— (A) Determine the date, location, and length of the hearing;

(B) Simplify the issues;

(C) Obtain admissions as to, or stipulations of, facts not remaining in dispute, or authenticate documents which might properly shorten the hearing;

(D) Determine and discuss the status of discovery; and (E) Determine other matters as may properly be dealt with to aid in expediting the orderly conduct and disposition of the proceeding.

(4) All parties will be expected at the prehearing conference to be fully prepared for a useful discussion of all problems involved in the proceeding, both procedural and substantive and be fully authorized to make commitments with respect to all problems. This preparation should include, among other things, advance study of all relevant material and advance informal communication between the participants, including requests for additional data and information, to the extent it appears feasible and desirable.

Failure of a party to participate in the prehearing conference, after being served with due notice of the time and place shall preclude the party from objecting to agreements reached, if any, and any order or ruling with respect to the agreements. Agreements, orders or rulings, for good cause shown, may be set aside at any time before the date of hearing of the case, upon terms as shall be just.

(5) The presiding officer at any conference may determine and rule upon any matters which s/he is authorized to rule upon during the course of the proceeding. In addition, where it appears that the proceeding would be substantially expedited by distribution of proposed exhibits reasonably in advance of the hearing, the presiding officer at his/her discretion and with due regard for the convenience and necessity of the parties, may direct advance distribution by a prescribed date. The rulings of the presiding officer made at any conference shall control the subsequent course of the hearing, unless modified for good cause shown. and section 213.075, RSMo Supp. 2017.* July 11, 1988. Amended: Filed April 27, 2018, effective Nov. 30, 2018. 1986, 1992, 1993, 1995, 1998 and 213.075, RSMo 1986,

8 CSR 60-2.100 Prehearing Discovery {#sec-8-csr-60-2.100 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.100}

PURPOSE: This rule describes the proce dures and scope of prehearing discovery.

(1) Any party may obtain discovery in the same manner, upon or under the same conditions and upon the same notice and other requirements as is or may be provided for with respect to discovery in civil actions by

rule of the Supreme Court of Missouri for use in the circuit court, as provided by section 536.073, RSMo. and section 213.075, RSMo Supp. 2021.* July 11, 1988. Amended: Filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed Sept. 13, 2021, effective April 30, 2022. 1986, 1992, 1993, 1995, 1998, and 213.075, RSMo 1986,

8 CSR 60-2.110 Subpoenas and Subpoenas Duces Tecum {#sec-8-csr-60-2.110 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.110}

PURPOSE: This rule describes the procedure for the issuance of subpoenas and subpoenas duces tecum.

(1) The commission, through the secretary to the commission, shall issue subpoenas upon the request of any party. Subpoenas shall be processed in accordance with the provisions of Chapter 536, RSMo.

(2) The commission, in appropriate circumstances, shall issue subpoenas duces tecum upon the request of any party. Requests for issuance of a subpoena duces tecum shall be in writing and shall include the name of the person to be served; the date for his/her appearance; and a description of books, papers, records or documents sought to be subpoenaed.

(3) Requests for the issuance of subpoenas and subpoenas duces tecum shall be directed to the presiding officer appointed for the case.

(4) Fees. Where a subpoena or a subpoena duces tecum is requested and issued at the instance of any party to a hearing or other proceeding, the responsibility for service and the cost of the subpoena, witness and mileage fees shall be borne by the party at whose instance it has been requested and issued, unless otherwise ordered by the commission.

Witness and mileage fees shall be paid in the same manner as paid in civil actions before the circuit courts.

(5) Failure to Obey a Subpoena. Subpoenas and subpoenas duces tecum shall be enforced as provided in Chapter 536, RSMo.

8 CSR 60-2.120 Corresponding Petition in Federal Court {#sec-8-csr-60-2.120 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.120}

PURPOSE: This rule indicates what may happen to a case before the commission where the complainant files corresponding petition in federal court.

(1) Where the complainant files a petition in federal or state court based on the same allegation, occurrence, incident and cause of action as is the basis for the complaint before the commission, the commission may dismiss or administratively close the complainant’s complaint in the matter pending before the commission.

RSMo (Cum. Supp. 1992). Original rule filed

8 CSR 60-2.130 Continuances {#sec-8-csr-60-2.130 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.130}

PURPOSE: This rule describes the process of requesting continuances of public hearings.

(1) The presiding officer may continue a public hearing or prehearing conference upon a showing of good cause. Before a party requests a continuance, the requesting party shall contact the other parties to determine whether they object to the continuance and to determine mutually acceptable dates to which the hearing or conference may be rescheduled, and the information shall be included in the party’s motion for continuance. When a public hearing is continued, the parties shall be notified in writing of the new hearing date within a reasonable time in advance of the new hearing date.

8 CSR 60-2.140 Conduct of the Hearing {#sec-8-csr-60-2.140 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.140}

PURPOSE: This rule describes the conduct of a public hearing.

(1) A hearing will be conducted by a commission panel or a hearing examiner pursuant to of section 213.075.3.

(2) After a case has been set for hearing, only the commission panel may make a final disposition of the case. The presiding officer shall have full power and authority to control the procedure of the hearing, to admit or exclude testimony or other evidence, to rule upon all motions or objections, to call and examine witnesses, to issue subpoenas and subpoenas duces tecum in accordance with 8 CSR 60-2.110, to direct the production of papers or other matters during the hearing and to take such other actions necessary and proper in expediting the order conduct and disposition of the proceeding.

(3) Two (2) or more complaints may be consolidated for purposes of public hearings by the presiding officer.

(4) The presiding officer shall make full inquiry into all the facts and issues and shall obtain a full and complete record of all facts necessary for a fair determination of the issues.

(5) No cameras, lights or mechanical recording devices shall be operated in the hearing room while a hearing is in progress, other than by personnel of the commission or by a court reporter pursuant to 8 CSR 60-2.160(2) except as permitted by Missouri Supreme Court Rules of Civil Procedure.

(6) The presiding officer may exclude from the hearing room or otherwise prevent from further participation during a hearing, any person who engages in improper conduct during a hearing. Contempt before a presiding officer shall be had as provided in

Chapter 536, RSMo. 7, 1993.

8 CSR 60-2.150 Evidence {#sec-8-csr-60-2.150 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.150}

PURPOSE: This rule describes the introduction of evidence at a public hearing.

(1) Rulings on evidence offered at public hearing shall be made in accordance with

Chapter 536, RSMo, and established rules of evidence. Objections or motions not ruled on at the hearing shall be considered with the record. Evidence concerning terms or offers of settlement made during endeavors to conciliate shall not be admitted into the record.

(2) When objections to the admission or exclusion of evidence before the presiding officer are made, the grounds relied upon shall be stated briefly.

(3) All testimony to be taken at the hearing, except matters officially noticed or entered by stipulation, shall be sworn or affirmed. This may include testimony given on deposition or by affidavit.

(4) Expert Testimony.

(A) The presiding officer may require, at least ten (10) days prior to hearing, that the parties to the hearing— 1. Identify each person expected to be called as an expert witness at the hearing;

2. State the subject matter on which the expert is expected to testify; and 3. State the substance of the facts and opinions to which the expert is expected to testify.

(B) Where the presiding officer determines that a party failed to timely comply in providing the information required under sub-

section (4)(A) of this rule, the witnesses and any previously offered testimony by the witnesses may be excluded from the hearing.

(5) Interpreter.

(A) When a person with a disability that impairs his or her hearing or a person who cannot speak or understand the English language is involved in a contested case hearing, the person is entitled to a qualified interpreter. In order to obtain the services of an interpreter, a party must notify the presiding officer at least ten (10) days prior to the date the interpreter will be needed.

(B) Upon receipt of the request, the presiding officer shall arrange for the services of an interpreter and shall notify the parties of the identity of the interpreter. The commission shall compensate the interpreter where necessary.

(C) Commission staff may serve as interpreter where the party(ies) consent and so state on the record.

(6) Exhibits shall be marked upon receipt by the presiding officer and the markings shall identify the party offering an exhibit.

Admitted and excluded exhibits shall be preserved by the commission as part of the record of the proceedings. Excluded exhibits shall be retained by the presiding officer only if the party seeking to introduce a document as an offer of proof specifically requests the document to be placed in an excluded exhibit file.

(7) The presiding officer may take notice of judicially recognizable facts and of general, technical, or scientific facts. The parties shall be notified at any time during a proceeding of material officially noticed, and they will be afforded the opportunity to contest the facts so noticed. The notice required by this section shall be given to the party prior to the issuance of decision and order in the matter.

8 CSR 60-2.160 The Record at Hearing {#sec-8-csr-60-2.160 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.160}

PURPOSE: This rule defines what constitutes the record of the public hearing.

(1) The record of the hearing shall include the notice of hearing; the verified complaint and any amendments; the answer, if any, and any amendments; the finding of probable cause; the affidavit of failure of conciliation; the transcript of the testimony taken at the hearing; exhibits and depositions admitted into evidence; written applications, motions and stipulations; briefs submitted by the parties; orders entered by the presiding officer; suggested findings of fact, conclusions of lawdecision and order submitted by the parties; the hearing examiner’s findings of fact, conclusions of law and recommended decision and order; exceptions of the parties to the recommended decision; the final findings of fact, conclusions of law and decision and order of the commission; and all other pleadings. The record shall not include rejected exhibits. Prehearing discovery filed with the commission shall not be a part of the record unless specifically received into evidence at the hearing.

(2) A verbatim record of the proceedings shall be made and kept. The testimony may be recorded by a stenographer, by video-tape, by audio-tape or by any other means which will insure that a verbatim record of the proceedings is made. Any party may request that the hearing be recorded by a court reporter.

The party requesting the reporter shall bear the costs of the reporter’s appearance and of the original transcript, which shall be submitted to the commission as the official transcript. If no reporter is requested, the commission shall suitably record and transcribe the proceedings.

8 CSR 60-2.170 Settlement Negotiations {#sec-8-csr-60-2.170 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.170}

PURPOSE: This rule describes the process of settlement negotiations and settlements at the hearing stage.

(1) Where a settlement of the case is reached by the parties prior to or after the public hearing, the parties shall sign the necessary documents and submit these documents to the presiding officer within the time ordered by the presiding officer.

(2) Where a case is settled by parties on the date of hearing, the terms of the settlement shall be placed on the record and the appropriate documentation submitted in writing after that to the presiding officer within the time ordered by the presiding officer.

(3) Where the parties fail to complete and submit a written, signed settlement, within the time ordered, the presiding officer may again schedule the case for hearing.

8 CSR 60-2.180 Stipulation {#sec-8-csr-60-2.180 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.180}

PURPOSE: This rule describes the scope of stipulations and possible waiver of a public hearing.

Upon written motion of the parties and with approval of the presiding officer, the parties, may stipulate to the facts and waive a public hearing. The hearing examiner shall then issue recommended findings of fact, conclusions of law and a decision and order to the commission panel based upon the stipulation.

Where a commission panel hears the case, it shall then issue findings of fact, conclusions of law, a decision and order.

8 CSR 60-2.190 Default dures when a party fails to appear at a public hearing and for requesting relief from that default. {#sec-8-csr-60-2.190 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.190}

(1) Default may occur where a party has been served with Notice of Hearing and fails to appear at the scheduled hearing.

(2) Unless notified by the party, the presiding officer shall wait no longer than thirty (30) minutes from the time set for the hearing in the Notice of Hearing to commence the hearing.

(3) When the respondent fails to appear at the specified time and place for the hearing, the moving party shall proceed to present evidence in support of the complaint, which shall constitute the sole evidentiary basis for disposition and the respondent shall be deemed to have waived any evidentiary and other objections at the hearing.

(4) A final order supporting the complaint may be rendered only where the contested case record demonstrates a prima facie case supporting that document.

(5) The commission panel, in its discretion and upon those terms as may be just, at any time within thirty (30) days after the final decision and order has been issued, may relieve a party from such an order taken against that party where the party establishes that the default was the result of an excusable mistake or circumstances beyond the control of the party.

(6) The request for relief shall be in writing directed to the commission and shall be accompanied by— (A) A written statement(s), together with documentation, setting forth the facts supporting the alleged excusable mistake or the circumstances beyond the control of the party; and (B) The opposing party shall have ten (10) days to reply to the request for relief.

8 CSR 60-2.200 Post-Hearing Procedure dures to be followed after a public hearing has been held. {#sec-8-csr-60-2.200 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.200}

(1) The parties may file suggested findings of fact, conclusions of law, and briefs within the time limits as the presiding officer may determine. When a hearing is conducted by a hearing examiner, the hearing examiner shall make findings of fact, conclusions of law, and a recommended decision and order and send them to the parties who may file exceptions to those recommendations within time limits set by the hearing examiner. Any new facts presented or new issues raised in exceptions shall not be considered by the commission in preparation of the final decision and order.

The same hearing examiner who presides at the evidentiary hearing of the case shall make the recommended decision and order except where that hearing examiner becomes unavailable to the commission.

(2) The commission panel shall review the record as set forth in 8 CSR 60-2.160(1) and either adopt or amend the hearing examiner’s findings of fact and conclusions of law. The panel shall then issue its decision along with the findings of fact and conclusions of law to support its decision. A majority of the commission panel shall be sufficient to render a decision for the panel. However, each panel member shall sign the order indicating his/her concurrence or disagreement. A panel member disagreeing with the decision may file a dissenting opinion.

(3) The commissioners to serve on a commission panel as described in section (2) shall be selected by the chairperson or, in the chairperson’s absence, the vice-chairperson.

The selection shall be random.

8 CSR 60-2.210 Orders {#sec-8-csr-60-2.210 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.210}

PURPOSE: This rule establishes the content, issuance, service, and filing of orders.

(1) An order of a hearing panel issued after hearing shall set forth the findings of fact, conclusions of law, and final decision and order.

(2) If, upon all the evidence, the hearing panel shall find that a respondent has not engaged in any unlawful discriminatory practices, the hearing panel shall state its findings of fact and shall issue and cause to be served on the complainant and respondent an order dismissing the complaint as to the respondent.

(3) If, upon all the evidence of a complaint alleging a violation of section 213.070, RSMo, as it relates to or involves alleged violations of section 213.040, 213.045, or 213.050, RSMo, or as it relates to or involves the alleged encouraging, aiding, or abetting the violations of these sections and for complaints alleging violations of section 213.040, 213.045, or 213.050, RSMo, the hearing panel finds that a respondent has engaged, or is about to engage in any unlawful discriminatory practices, the hearing panel shall state its findings of fact and conclusions of law and shall issue and cause to be served on the complainant and respondent an order for relief as may be appropriate. The relief may include, but is not limited to, the following:

(A) The hearing panel may order the respondent to pay damages to the aggrieved person (including damages caused by deprivation of civil rights, emotional distress, and humiliation). No order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of the decision that involved a bona fide purchaser, encumbrancer, or tenant without actual knowledge of the complaint issued under 8 CSR 60- 2.025 and section 213.075, RSMo; and (B) The hearing panel may assess a civil penalty against the respondent to vindicate the public interest.

1. The amount of the civil penalty may not exceed— A. Two thousand dollars ($2,000), if the respondent has not been adjudged to have committed any prior discriminatory housing practice in any administrative hearing or civil action permitted under Chapter 213, RSMo, or Title VIII of the Civil Rights Act of 1968;

B. Five thousand dollars ($5,000), if the respondent has been adjudged to have committed one (1) other discriminatory housing practice in any administrative hearing or civil action permitted under Chapter 213, RSMo, or Title VIII of the Civil Rights Act of 1968 and the adjudication was made during the five (5)-year period preceding the date of filing of the complaint; or C. Ten thousand dollars ($10,000), if the respondent has been adjudged to have committed two (2) or more discriminatory housing practices in any administrative hearings or civil actions permitted under Chapter 213, RSMo, and Title VIII of the Civil Rights Act of 1968 and the adjudications were made during the seven (7)-year period preceding the date of the filing of the complaint.

2. If the acts constituting the discriminatory housing practice that are the subject of the complaint were committed by the same natural person who has previously been adjudged in any administrative proceedings or civil action to have committed acts constituting a discriminatory housing practice, the time periods set forth in subparagraphs (4)(B)1.B. and C. do not apply.

3. In a proceeding involving two (2) or more respondents, the hearing panel may assess a civil penalty as provided under sub-

section (3)(C) against each respondent that the hearing panel determines has been engaged or is about to engage in a discriminatory housing practice.

(4) If, upon all the evidence in a complaint alleging violations of section 213.070, RSMo, as it relates to or involves alleged violations of section 213.040, 213.045, or 213.050, RSMo, or as it relates to or involves the alleged encouraging, aiding, or abetting the violation of these sections and for complaints alleging violation of section 213.040, 213.045, or 213.050, RSMo, the hearing panel finds that a respondent has not engaged, or is not about to engage, in any unlawful discriminatory practice, the hearing panel shall state its findings of fact and conclusions of law and shall issue and cause to be served on the complainant and respondent an order dismissing the complaint as to the respondent.

(5) Copies of orders shall be mailed to the complainant, respondent, and all intervenors or their attorneys, accompanied by a notice of the statutory right of judicial review.

History

• AUTHORITY: sections 213.030, 213.075, and 213.085, RSMo 2000. Original rule filed 7, 1993. Amended: Filed March 16, 2009, effective Sept. 30, 2009. 1986, 1992, 1998; 213.075, RSMo 1986, amended 1992; and 213.085, RSMo 1986, amended 1992.

8 CSR 60-2.220 Judicial Review {#sec-8-csr-60-2.220 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.220}

PURPOSE: This rule sets forth the manner in which judicial reviews are conducted.

(1) Judicial review shall be made in the manner provided by law.

(2) Within thirty (30) days after the filing of a Petition of Review, or within further time as the court may allow, the commission’s record shall be filed in the reviewing court. 213.085, RSMo (Cum. Supp. 1992).* July 11, 1988. 1986, 1992; 213.075 and 213.085, RSMo 1986, amended

8 CSR 60-2.230 Certification of Record {#sec-8-csr-60-2.230 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.230}

PURPOSE: This rule stipulates who is authorized to certify commission documents.

(1) The chairperson, the secretary to the commission or other person as may be designated by the commission is authorized and empowered to certify all documents or records which are a part of the files and records of the commission. 213.085, RSMo (Cum. Supp. 1992).* July 11, 1988. 1986, 1992; 213.075 and 213.085, RSMo 1986, amended

8 CSR 60-2.240 Separability, Amendments and Availability of Rules {#sec-8-csr-60-2.240 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.240}

PURPOSE: This rule establishes the procedure by which amendments are made to the commission’s rules, where to obtain copies of these rules and that, if any provision or term of these rules is held invalid, the remaining provisions remain valid.

(1) In the event any provision or term of these rules is determined by a court or other

(2) New rules may be adopted and any rule may be amended or rescinded by the commission at regular or special meetings provided that the amendment or rescission shall require the approval of the majority of the members present at the meeting where a quorum is present. Notice of the proposed adoption, amendment or rescission shall be given in writing to all members of the commission at least ten (10) days before the meeting at which action is to be taken; except that the ten (10) days’ notice shall not be required when two-thirds (2/3) of the members of the commission shall approve in writing the adoption, amendment or rescission.

(3) The amendment of any existing rule or the adoption of any new rule shall be made in accordance with Chapter 536, RSMo.

(4) The rules of the commission and any amendments, additions, or modifications of the rules, shall be available to the public at the office of the commission in Jefferson City.

Supp. 1992).* Original rule filed April 15, 1988, effective July 11, 1988. 1986, 1992.

History

• authority of competent jurisdiction to be invalid, the determination shall not effect the remaining provisions which shall remain in full force and effect.
• AUTHORITY: section 213.030, RSMo (Cum.

8 CSR 60-2.250 Construction of Rules and Pleadings {#sec-8-csr-60-2.250 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.250}

PURPOSE: This rule clarifies the commission’s policy concerning the interpretations of its rules and of the pleadings before it.

(1) These rules shall be construed to accomplish the purposes of Chapter 213, RSMo administered by the commission and the policies of the Missouri Commission on Human Rights and shall not be deemed or construed to limit the powers conferred upon the commission by Chapter 213, RSMo.

(2) All pleadings shall be construed with a view to effect justice between the parties and the presiding officer and the commission panel, in every stage of any proceeding, shall disregard errors or defects in the pleadings or proceedings which do not affect the substantial rights of the parties.

History

• AUTHORITY: sections 213.030 and 213.101, 1986, 1992 and 213.101, RSMo 1986, amended 1992.

8 CSR 60-2.260 Election of Civil Action {#sec-8-csr-60-2.260 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.260}

PURPOSE: This rule clarifies the procedures for a party to elect to have his/her claims decided in a civil action in court.

(1) If a written notice of hearing is issued alleging violation of section 213.070, RSMo as it relates to or involves alleged violations of section 213.040, 213.045 or 213.050, RSMo or as it relates to or involves the alleged encouraging, aiding or abetting the violation of these sections and for complaints alleging violation of section 213.040, 213.045 or 213.050, RSMo, a complainant or a respondent may elect, in lieu of an administrative hearing under section 213.075, RSMo, to have the claims asserted in the complaint decided in a civil action under section 213.076, RSMo.

(2) The election must be made no later than twenty (20) days from the date on which the written notice of hearing is mailed by the commission staff. The notice of the election must be filed with the presiding officer, the attorney general, the executive director, the complainant (if respondent is making the election) or the respondent (if the complainant is making the election) and any other parties. The notification will be filed and served in accordance with the procedures established under 8 CSR 60-2.035.

(3) If an election is not made under this rule, the presiding officer will conduct an administrative hearing based upon the complaint in accordance with the procedures under 8 CSR 60-2.140 and section 213.075, RSMo.

(4) If an election is made under this rule, the chairperson shall immediately notify and authorize the staff attorney to commence and maintain a civil action in a court of competent jurisdiction seeking relief under sections 213.040, 213.045, 213.050, 213.070 and 213.076, RSMo on behalf of the aggrieved person. This notice and authorization shall include transmission of the file in the case, including a copy of the complaint, to the staff attorney.

(5) The attorney general shall be available for consultation concerning any legal issues raised. 213.076, RSMo (Cum. Supp. 1992).* Original rule filed Dec. 2, 1992, effective June 7, 1993. 1986, 1992; 213.075, RSMo 1986, amended 1992; and 213.076, RSMo 1992.

8 CSR 60-2.265 Local Commissions {#sec-8-csr-60-2.265 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-2.265}

PURPOSE: This rule sets out the procedures and criteria for certification of local commissions by the Missouri Commission on Human Rights.

(1) Only those local commissions certified as substantially equivalent by the Missouri Commission on Human Rights shall have the power and authority to hear contested cases alleging violations of Chapter 213, RSMo which are alleged to have been committed within the city, town, village or county which created the local commission.

(A) A local commission shall be certified as substantially equivalent if the ordinance establishing the local commission provides similar protections of the procedural rights of parties appearing before the local commission as are provided by Chapter 213, RSMo and corresponding rules. Factors to be considered by the commission in determining substantial equivalence may include, but are not limited to, the following:

1. Contracting status with Equal Employment Opportunity Commission;

2. Contracting status with the federal Department of Housing and Urban Development;

3. Substantive rights;

4. Procedural rights; and 5. Powers and duties.

(B) Proceedings before the local commission shall be consistent with the requirements of section 213.075, RSMo. The order of a local commission in a contested case shall not be final for appeal purposes until it has been filed with and reviewed by a hearing examiner of the commission. Within ninety (90) days of receipt of the local commission’s complete hearing record, the commission hearing examiner shall issue an opinion. For appeal purposes, the order of the local commission shall become final thirty (30) days from the date of issuance of the hearing examiner’s opinion. If no opinion is issued by the hearing examiner within ninety (90) days, the local commission’s decision shall be considered final for purposes of appeal.

Supp. 1992).* Original rule filed Dec. 2, 1992, effective June 7, 1993. *Original authority: 213.020, RSMo 1959, amended 1986, 1992; 213.030, RSMo 1959, amended 1978, 1986, 1992; 213.075, RSMo 1986, amended 1992; and 213.131, RSMo 1992; and 213.135, RSMo 1992.

History

• AUTHORITY: sections 213.020, 213.030, 213.075, 213.131 and 213.135, RSMo (Cum.

Chapter 3 Guidelines and Interpretations of Employment Anti-Discrimination Laws

8 CSR 60-3.010 Preservation of Records and Posting of Posters and Interpretations 213, RSMo (1986). {#sec-8-csr-60-3.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-3.010}

This rule sets forth the rules for employer preservation of records, posting of posters, and commission’s interpretations.

(1) Every employer, labor organization, employment agency, or other business or establishment covered by Chapter 213, RSMo (1986) shall post a commission equal employment poster in a place where other employee notices are posted or in a conspicuous place where employees will have access to it.

(2) Every person subject to the jurisdiction of the commission under Chapter 213, RSMo (1986) shall post the commission’s fair housing poster in all places of business and establishments subject to the statute.

(3) Every person subject to the jurisdiction of the commission under Chapter 213, RSMo (1986) shall post the commission public accommodations poster in all places of business and establishments subject to this statute.

(4) Any personnel or employment record made or kept by any employer including, but not necessarily limited to, application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation and selection for training or apprenticeship shall be preserved by the employer for a period of one (1) year from the date of the making of the record or the personnel action involved, whichever occurs later.

(5) Where a complaint of discrimination has been filed and the respondent notified, the respondent employer shall preserve all personnel records relevant to the complainant until final disposition of the complaint. The term personnel records relevant to the complaint, for example, would include personnel or employment records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant and application forms or test papers completed by an unsuccessful applicant or by all other candidates for the same position as that for which the complainant applied and was rejected. The date of final disposition of the complaint means the date which litigation is terminated, with regard to the complaint.

(6) If a person fails to make, keep, or preserve records or make reports in accordance with this regulation, the commission may draw an adverse presumption from this failure with regard to the allegations in the complaint. The presumption is rebuttable.

(7) Sections 213.065.1 and 213.065.2, RSMo are interpreted to mean that any structure built after the effective date of these rules which is a place of public accommodation as covered by this statute must provide access for handicapped persons unless it can be shown this accommodation would cause undue hardship.

(8) A corporation or association must be owned or operated by a religious or sectarian group to be exempt as an employer under section 213.010(8), RSMo.

Filed April 27, 2018, effective Nov. 30, 2018.

Amended: Filed Jan. 6, 2020, effective July 30, 2020.

History

• AUTHORITY: section 213.030, RSMo 2016. This rule was previously filed as 4 CSR 180- 3.010. Original rule filed Oct. 31, 1973, effective Nov. 10, 1973. Amended: Filed July 1, 1980, effective Nov. 13, 1980. Amended:

8 CSR 60-3.020 Employment Advertising Practices 213, RSMo (1986). {#sec-8-csr-60-3.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-3.020}

This rule sets forth the guidelines and interpretations governing, but not limited to, the major aspects of employment advertising practices.

(1) It shall be a violation of section 213.055, RSMo (1986) for any employer, labor organization, licensing agency or employment agency to cause to be published, printed, circulated or displayed any advertisement or notice relating to employment, employment opportunities, job openings, union membership, apprentice programs, job training programs, licensing opportunities or any of the terms, conditions or privileges under an employment advertisement or notice column which is segregated on the basis of race, creed, color, religion, national origin, sex, ancestry or handicap under any column heading which expresses overtly or subtly, directly or indirectly, any preference specification or limitation.

(2) It shall be a violation of section 213.055, RSMo (1986) for any employer, labor organization, licensing agency or employment agency to cause to be published, printed, circulated or displayed any advertisement or notice relating to employment, employment opportunities, job openings, union membership, apprentice programs, job training programs, licensing opportunities or any of the terms, conditions or privileges the language of which advertisement or notice expresses any limitation, specification, discrimination or preference as to race, creed, color, religion, national origin, sex, ancestry or handicap. A limitation, specification, discrimination or preference as to religion, national origin or sex is not a violation where the limitation, specification, discrimination or preference is a bona fide occupational qualification for the particular job advertised as defined in section (5) of this rule.

(3) Whenever a help wanted advertisement or notice is to contain any job title or job description which is not clearly neutral in terms of sex and to the job advertised is not one for which sex is a bona fide occupational qualification as defined in this regulation, then the advertisement or notice shall instead utilize a neutral job title whenever practicable. If the use of a neutral job title is not practicable, then the advertisement or notice may contain the nonneutral job title provided, however, that the advertisement or notice also includes: a) the job title which is the counterpart of the nonneutral job title; or b) the designation “M/W.” Newspapers which print employment advertisements are encouraged to voluntarily print a box on their employment advertising pages indicating that the abbreviation “M/W”, when used, means men or women.

(4) For the purpose of this regulation, the bona fide occupational qualification exception shall be narrowly interpreted to include only those situations where the essence of the business would be undermined by not excluding persons on the basis of their sex, religion or national origin. The exception shall be interpreted so that individuals will not be considered for employment on the basis of any characteristics generally attributable to their group. The employer, labor organization, licensing agency or employment agency has the burden of establishing with the Missouri Commission on Human Rights that religion, national origin or sex is a bona fide occupational qualification.

(A) The application of the exception is not warranted where based on, for example, assumptions of the comparative general employment characteristics of persons of a particular religion, national origin or sex, such as their turnover rate; stereotyped characteristics of the previously mentioned classes, such as their mechanical ability or aggressiveness; customer, client, coworker or employer preference; historical usage, tradition or custom; or the necessity of providing separate facilities of a personal nature, such as restrooms or dressing rooms. In regard to sex, the application of the exception may be authorized by the Missouri Commission on Human Rights where it is necessary for authenticity or genuineness, such as for an actor or actress or fitters of intimate apparel.

(5) Any employer, labor organization, licensing agency or employment agency may make a request of the Missouri Commission on Human Rights as to whether religion, national origin or sex is a bona fide occupational qualification for a particular job which they intend to cause to be published, printed, circulated or displayed. The Missouri Commission on Human Rights shall give opinion in response to these requests. All requests shall be made in writing. An opinion in writing by the commission prior to the publication or display of any advertisement in response to this a request shall be binding on the commission for the purpose of this regulation except in those instances where the inquiry has not fully and accurately disclosed the relevant facts regarding the particular job in question. The commission shall maintain records as to each inquiry made pursuant to this section, to include the name, title and address of the inquiries, a summary of the job and job duties, the basis for the exception claimed and the time, date, identification number and disposition of the inquiry.

(6) It shall be a violation of section 213.070, RSMo (1986) for any newspaper or other publication published or circulated within this state to print, publish or circulate employment advertisements under headings or columns that are segregated on the basis of race, creed, color, religion, national origin, sex, ancestry or handicap or under any column or heading which expresses overtly or subtly, directly or indirectly a preference, specification or limitation on the basis of race, creed, color, religion, national origin, sex, ancestry or handicap.

(A) Newspapers and other publications which print employment advertisements are encouraged to maintain lists of discriminatory terms and permissible substitutes and to instruct their employees to advise employers, labor organizations, licensing agencies or employment agencies of these terms and to have copies of these regulations available for distribution to advertisers upon request.

(B) The use of language including but not limited to black, Negro, colored, white, restricted, interracial, segregated, Christian, Jewish, men, women, boy, gal or any other word, term, phrase or expression which tends to influence, persuade or dissuade, encourage or discourage, attract or repel, any person(s) because of race, creed, color, religion, national origin, sex, ancestry or handicap shall be considered discriminatory advertising in violation of section 213.070, RSMo (1986).

(7) Employers and/or labor organizations whose work forces or memberships do not bear a reasonable relationship to the racial and/or ethnic pattern of the general population in their recruiting areas, may not recruit exclusively or even primarily by means of word-of-mouth referrals from present employees or present members.

(8) Employers and/or labor organizations whose work forces or memberships do not bear a reasonable relationship to the racial and/or ethnic pattern of the general population in their recruiting areas may not give preference in hiring or in admission to membership to relatives or present employees of present members by reason of those relationships.

(9) Nothing contained in this regulation shall be deemed to prohibit the commission from including in any of its orders against any respondent employer, labor organization, licensing agency or employment agency a provision requiring the respondent to include in any advertisement or notice regarding any employment or licensing opportunity the term equal opportunity employer or any substantially similar term. Nor shall this regulation be deemed to prohibit persons from voluntarily using the term equal opportunity or any substantially similar term in any notice or advertisement.

CSR 180-3.020. Original rule filed Oct. 31, 1973, effective Nov. 10, 1973. Amended:

Filed July 1, 1980, effective Nov. 13, 1980.

8 CSR 60-3.030 Employment Testing {#sec-8-csr-60-3.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-3.030}

(Rescinded November 30, 2018)

1986. This rule was previously filed as 4 CSR 180-3.030. Original rule filed Oct. 31, 1973, effective Nov. 10, 1973. Rescinded: Filed April 27, 2018, effective Nov. 30, 2018.

8 CSR 60-3.040 Employment Practices Related to Men and Women 213, RSMo (1986). {#sec-8-csr-60-3.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-3.040}

This rule sets forth guidelines and interpretations governing, but not limited to, the major aspects of employment practices in relation to sex.

(1) References to employer(s) in these rules state principles that are applicable not only to employers but also to labor organizations and to employment agencies insofar as their action or inaction may adversely affect employment opportunities, as defined in the Missouri Fair Employment Practices Act,

Chapter 213, RSMo (1986).

(2) The bona fide occupational qualification exception as to sex is strictly and narrowly construed. Labels-men’s jobs and women’s jobs-tend to deny employment opportunities unnecessarily to one sex or the other.

(A) The following situations do not warrant the application of the bona fide occupational qualification exception:

1. The refusal to hire a woman because of her sex based on assumptions of the comparative employment characteristics of women in general. For example, the assumption that the turnover rate among women is higher than among men;

2. The refusal to hire an individual based on stereotyped characterizations of the sexes. These stereotypes include, for example, that men are less capable of assembling intricate equipment; that women are less capable of aggressive salesmanship. The principle of nondiscrimination requires that individuals be considered on the basis of individual capacities and not on the basis of any (6/30/20) JOHN R. ASHCROFT characteristics generally attributed to the group; and 3. The refusal to hire an individual because of the preferences of coworkers, the employer, clients or customers.

(3) Employers engaged in recruiting activity must recruit employees of both sexes for all jobs unless sex is a bona fide occupational qualification.

(4) Advertisement in newspapers and other media for employment must not express a sex preference, unless sex is a bona fide occupational qualification for the job. The placement of an advertisement in columns headed male or female will be considered an expression of a preference limitation, specification or discrimination based on sex.

(5) Section 213.055, RSMo (1986) specifically states that it shall be unlawful for an employment agency to discriminate against any individual because of sex. Private employment agencies which deal exclusively with one sex are engaged in an unlawful employment practice, except to the extent that those agencies limit their services to furnishing employees for particular jobs for which sex is a bona fide occupational qualification.

(A) An employment agency that receives a job order containing an unlawful sex specification will share responsibility with the employer placing the job order if the agency fills the order knowing that the sex specification is not based upon a bona fide occupational qualification. However, an employment agency is not in violation of the law, regardless of the determination as to the employer, if the agency does not have reason to believe that the employer’s claim of bona fide occupational qualification is without substance and the agency makes and maintains a written record available to the commission of each job order. This record shall include the name of the employer, the description of the job and the basis for the employer’s claim of a bona fide occupational qualification.

(B) It is the responsibility of employment agencies to keep informed of opinions and decisions of the commission on sex discrimination.

(6) A preemployment inquiry may ask male—, female—, or Mr., Mrs. Or Miss, provided that the inquiry is made in good faith for nondiscriminatory purpose. Any pre-employment inquiry in connection with prospective employment which expresses directly or indirectly any limitation, specification or discrimination as to sex shall be unlawful unless based upon a bona fide occupational qualification.

(7) Written personnel policies relating to job policies and practices must expressly indicate that there shall be no discrimination against employees on account of sex. If the employer deals with a bargaining representative for his/her employees and there is a written agreement on conditions of employment, this agreement shall not be inconsistent with these rules.

(8) Employees of both sexes shall have an equal opportunity to any available job that s/he is qualified to perform unless sex is a bona fide occupational qualification.

(9) No employer shall make any distinction based upon sex in employment opportunities, wages, hours or other conditions of employment. In the area of employer contributions for insurance, pensions, welfare programs and other similar fringe benefits, the employer will not violate these rules if benefits are equal for men and women.

(10) Any distinction between married and unmarried persons of one sex that is not made between married and unmarried persons of the opposite sex will be considered to be a distinction made on the basis of sex.

Similarly, an employer must not deny employment to women with young children unless it has the same exclusionary policies for men; or terminate an employee of one sex in a particular job classification upon reaching a certain age unless the same rule is applicable to members of the opposite sex.

(11) The employer’s policies and practices must assure the appropriate physical facilities to both sexes. The employer may not refuse to hire men or women or deny men or women a particular job because there are no restrooms or associated facilities.

(12) An employer must not deny a female employee the right to any job she is qualified to perform. For example, an employer’s rules cannot bar a woman from a job that would require more than a certain number of hours or from working at jobs that require lifting or carrying more than designated weights.

(13) It is an unlawful practice to classify a job as male or female or to maintain separate lines of progression or separate seniority lists based on sex where this would adversely affect any employee unless sex is a bona fide occupational qualification for that job.

Accordingly, employment practices are unlawful which arbitrarily classify jobs so that— (A) A female is prohibited from applying for a job labeled male or for a job in a male line of progression and vice versa;

(B) A male scheduled for layoff is prohibited from displacing a less senior female on a female seniority list and vice versa; and (C) A seniority system or line of progression which distinguishes between light and heavy jobs constitutes an unlawful employment practice if it operates as a disguised form of classification by sex or creates unreasonable obstacles to the advancement by members of either sex.

(14) The employer’s wage schedules must not be related to or based on the sex of the employees; and the employer may not discriminatorily restrict one sex to certain job classifications. The employer must take steps to make jobs available to all qualified employees in all classifications without regard to sex.

(15) Fringe benefits, as used in this rule, include medical, hospital, accident, life insurance and retirement benefits; profitsharing and bonus plans; leave; and other terms, conditions and privileges of employment.

(A) It shall be an unlawful employment practice for an employer to discriminate between men and women with regard to fringe benefits.

(B) Where an employer conditions benefits available to employees and their spouses and families on whether the employee is the head of the household or principal wage earner in the family unit, the benefits tend to be available only to male employees and their families. Due to the fact that conditioning discriminatorily affects the rights of women employees, and that head of household or principal wage earner status bears no relationship to job performance, benefits which are so conditioned will be found in a prima facie violation of the prohibitions against sex discrimination contained in the act.

(C) It shall be an unlawful employment practice for an employer to make available benefits for the wives and families of male employees where the same benefits are not made available for the husbands and families of female employees; or to make available benefits for the wives of male employees which are not available for female employees; or to make available benefits to the husbands of female employees which are not made available for male employees.

(D) It shall not be a defense under Chapter 213, RSMo (1986) to a charge of sex discrimination in benefits that the cost of benefits is greater with respect to one sex than the other.

(16) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of pregnancy is in prima facie violation of

Chapter 213, RSMo (1986) and may be justified only upon showing of business necessity.

(A) Disabilities caused or contributed to by pregnancy, miscarriage, legal abortion, childbirth and recovery are, for all job-related purposes, temporary disabilities and should be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any health or temporary disability insurance or sick leave, plan, formal or informal, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities.

(B) Where the termination of a temporarily disabled employee is caused by an employment policy under which insufficient or no leave is available, this termination violates the act if it has a disparate impact on employees of one sex and is not justified by a business necessity.

(17) Harassment on the basis of sex is a violation of Chapter 213, RSMo.

(A) Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when— 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or 3. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

(B) In determining whether alleged conduct constitutes sexual harassment, the commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred.

The determination of the legality of a particular action will be made from the facts, on a case-by-case basis.

(C) Applying general principles of Chapter 213, RSMo, an employer, employment agency, joint apprenticeship committee or labor organization (hereinafter collectively referred to as employer) is responsible for its acts and those of its agents, employees and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer if the employer knew or should have known of their occurrence.

(D) An employer is subject to vicarious liability to a victimized employee with respect to sexual harassment by a supervisor with immediate (or successively higher) authority over an employee or other supervisor who the employee reasonably believes has the ability to significantly influence employment decisions affecting him or her even if the harasser is outside the employee’s chain of command.

1. When no tangible employment action is taken, an employer may raise an affirmative defense to liability or damages, subject to proof by a preponderance of the evidence.

The defense comprises two necessary elements: a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and b) that the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

2. No affirmative defense is available, however, when the supervisor’s harassment culminates in a tangible employment action.

3. A tangible employment action is a significant change in employment status. It is the means by which the supervisor brings official power of the enterprise to bear on subordinates, as demonstrated by the following: it requires an official act of the enterprise; it usually is documented in official company records; it may be subject to review by higher level supervisors; and it often requires the formal approval of the enterprise and use of its internal processes. A tangible employment action usually inflicts direct economic harm.

4. Examples of tangible employment actions include but are not limited to: hiring and firing; promotion and failure to promote; demotion; undesirable reassignment; a decision causing a significant change in benefits; compensation decisions; and work assignments.

5. The commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acts in a supervisory capacity with immediate (or successively higher) authority over an employee or is another supervisor who the employee reasonably believes has the ability to significantly influence employment decisions affecting him or her even if the harasser is outside the employee’s chain of command. 2000.* This rule was previously filed as 4 CSR 180-3.040. Original rule filed Oct. 31, 1973, effective Nov. 10, 1973. Amended:

Filed July 1, 1980, effective Nov. 13, 1980.

Emergency amendment filed Sept. 17, 1999, effective Sept. 27, 1999, terminated Dec. 29, 1999. Amended Filed Dec. 28, 2000, effective June 30, 2001.

8 CSR 60-3.050 Religious Discrimination Human Rights is proposing to enact this rule to provide an interpretation of the prohibitions in Chapter 213, RSMo against religious discriminations and to the requirement of an employer to reasonably accommodate religious beliefs of employees. {#sec-8-csr-60-3.050 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-3.050}

(1) The employer has an obligation to make reasonable accommodations to the religious needs of employees and prospective employees where these accommodations can be made without undue hardships on the conduct of the employer’s business. Undue hardship, for example, may exist where the employee’s needed work cannot be performed by another employee of substantially similar qualifications during the period of absence of the Sabbath observer. The commission will review each case on an individual basis in an effort to seek an equitable application of these rules to the variety of situations which arise due to the varied religious practices of the people of this state.

CSR 180-3.050. Original rule filed July 1, 1980, effective Nov. 13, 1980.

8 CSR 60-3.060 Handicap Discrimination in Employment (10/31/18) JOHN R. ASHCROFT Human Rights has the power and authority to adopt suitable rules to carry out the provisions of the state Fair Employment Practices Act pursuant to 213.030(6), RSMo (1986). {#sec-8-csr-60-3.060 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-3.060}

The rules represent the commission’s construction of provisions dealing with handicap discrimination in employment.

(1) Definitions. When used in these rules— (A) The phrase physical or mental impairment means— 1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one (1) or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or 2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and learning disabilities;

(B) Disability means a person either has a physical or mental impairment which substantially limits one (1) or more of that person’s major life activities; or has a record of such impairment; or is regarded as having such an impairment.

1. Minor temporary illnesses shall not be considered physical or mental impairments resulting in a disability. Examples of minor temporary illnesses include, but are not limited to, broken bones, sprains, or colds;

(C) Major life activities means those life activities which affect employability such as communication, ambulation, self-care, socialization, education, vocational training, employment, and transportation;

(D) Has a record of such an impairment means a person has a history of, or has been misclassified, as having a physical or mental impairment that does not substantially limit major life activities but that is treated by an employer as constituting such a limitation;

(E) Is regarded as having such an impairment means a person— 1. Has a physical or mental impairment that does not substantially limit major life activities but is treated by an employer or by others as constituting such a limitation; or 2. Has none of the impairments defined in paragraph (1)(A)1. Or 2. of this rule, but is treated by an employer or by others as having an impairment which substantially limits a major life activity;

(F) Disability unrelated to a person’s ability to perform the duties of a particular job or position means a disability which does not substantially interfere with a person’s ability to perform the essential functions of the employment for which the person applies, is engaged in or had been engaged.

1. Uninsurability or increased cost of insurance under a group or employee insurance plan does not render a disability job related.

2. A disability is not job related merely because the job may pose a threat of harm to the employee or applicant with the disability unless the threat is one of demonstrable serious harm to his/her safety.

3. A disability is job related if placing the disabled person in the job would pose a demonstrable threat of harm to the health and safety of others.

4. A disability is not job related if, with reasonable accommodation, it does not prevent performance of the essential functions of the job in question; and (G) Reasonable accommodation means— 1. An employer shall make reasonable accommodation to the known limitations of a handicapped employee or applicant;

5. Accommodation may include:

A. Making facilities used by employees readily accessible to and usable by handicapped persons; and B. Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters and other similar actions; and 3. In determining whether an accommodation is reasonable, factors to be considered include, but are not limited to:

A. The nature and cost of the accommodation needed;

B. The size and nature of a business, including the number and type of facilities and the structure and composition of the work force;

C. The good faith efforts previously made to accommodate similar disabilities; and D. The ownership interest in the subject of the proposed accommodation including the authority to make the accommodation under the terms of any bona fide agreement such as a lease.

(2) Preemployment Inquiries.

(A) An employer, labor organization, or employment agency shall not make preemployment inquiry of an applicant as to whether the applicant has a physical or mental impairment or as to the nature or severity of this impairment. However, an employer, labor organization, or employment agency may make preemployment inquiry into an applicant’s ability to perform specific jobrelated functions.

(3) Employment Criteria.

(A) An employer, labor organization, or employment agency shall not make use of any employment test or other selection criterion which screens out or tends to screen out handicapped persons or any class of handicapped persons unless— 1. The test score or the selection criterion is shown to be job related for the position in question; and 2. Alternative job-related tests or criteria that do not screen out or tend to screen out as many handicapped persons are shown to be unavailable.

(B) An employer, labor organization, or employment agency shall select and administer tests concerning employment to ensure that, when administered to the applicant or employee who has a handicap that impairs sensory, manual, reading or speaking skills, the test results accurately reflect the applicant’s or employee’s job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant’s or employee’s impaired sensory, manual, reading, or speaking skills, except where those skills are the factors that the test purports to measure.

(C) The requirements of 8 CSR 60-3.030 regarding employment testing shall apply to the handicapped.

(4) The requirements of 8 CSR 60-3.010 regarding employer reporting and preservation of records shall apply to the handicapped.

(5) The requirements of 8 CSR 60-3.020 regarding employment advertising practices shall apply to the handicapped.

(6) The requirements of Chapter 8 CSR 60-2 regarding practice and procedure shall apply to the handicapped. 2016.* This rule was previously filed as 4 CSR 180-3.060. Original rule filed July 1, 1980, effective Nov. 13, 1980. Amended:

Filed April 27, 2018, effective Nov. 30, 2018.

8 CSR 60-3.070 National Origin Discrimination Human Rights is proposing to enact this rule as an interpretation of the statutory prohibition of Chapter 213, RSMo against national origin discrimination. {#sec-8-csr-60-3.070 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-3.070}

(1) It is intended to eliminate covert as well as overt practices of discrimination, and the commission, therefore, will examine, with particular concern, cases where persons within the jurisdiction of the commission have been denied equal employment opportunity for reasons which are grounded in national origin considerations. Examples of cases of this character which have come to the attention of the commission include, but are not limited to: The use of tests in the English language where the individual tested came from circumstances where English was not that person’s first language or mother tongue, and where English language skill is not a requirement of the work to be performed; denial of equal opportunity to persons married to or associated with persons of a specific national origin; denial of equal opportunity because of membership in lawful organizations identified with or seeking to promote the interests of national groups; denial of equal opportunity because of attendance at schools or churches commonly utilized by persons of a given national origin; denial of equal opportunity because their name or that of their spouse reflects a certain national origin; and denial of equal opportunity to persons who as a class of persons tend to fall outside national norms for height and weight where the height and weight specifications are not necessary for the performance of the work involved.

CSR 180-3.070. Original rule filed July 1, 1980, effective Nov. 13, 1980.

8 CSR 60-3.080 Affirmative Action Human Rights enacts this rule to provide employers subject to the jurisdiction of the commission under Chapter 213, RSMo 1986 some guidance in developing voluntary affirmative action plans. {#sec-8-csr-60-3.080 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-3.080}

This rule will provide the standards that the commission will use to judge whether the plans are unlawfully discriminatory.

Editor’s Note: 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.

(1) This rule is not intended to provide standards for determining whether voluntary action has fully remedied past or existing discrimination. Therefore, the rule does not apply to a determination of the adequacy of an affirmative action plan to eliminate discrimination against previously excluded groups. Employers, labor organizations or other persons who take affirmative action may still be liable if the plan or program does not adequately remedy illegal discrimination.

This rule applies to charges that the affirmative action plan itself is discriminatory.

(2) Voluntary affirmative action is appropriate under the following circumstances:

(A) Employers, labor organizations and other persons may take affirmative action based on an analysis which reveals employment practices causing potential adverse impact on the employment opportunities of those classes protected by Chapter 213, RSMo and (B) Because of historic restrictions by employers, labor organizations and others, the available pool of persons in a protected class who are qualified for employment or promotional opportunities is artificially limited. Employers, labor organizations and other persons are encouraged to take affirmative action in such circumstances, including, but not limited to, the following:

1. Training plans and programs, including on-the-job training, which emphasize providing members of the protected categories with the opportunity, skill and experience necessary to perform the functions of skilled trades, crafts or professions;

2. Extensive and focused recruiting activity; and 3. Modification through collective bargaining where a labor organization represents employees, or unilaterally where one does not, of promotion and layoff procedures.

(3) An affirmative action plan or program under this section shall contain three (3) elements—a reasonable self analysis, a reasonable basis for concluding action is appropriate and reasonable action.

(A) The objective of a self-analysis is to determine whether employment practices do or tend to, exclude, disadvantage, restrict or result in adverse impact or disparate treatment of previously excluded or restricted groups or leave uncorrected the effects of prior discrimination, and if so, to attempt to determine why. There is no mandatory method of conducting a self-analysis. The employer may utilize techniques used in order to comply with Executive Order No. 11246 and its implementing regulations, including 41 CFR Part 60-2 (known as Revised Order 4), or related orders issued by the Office of Federal Contract Compliance Programs or its authorized agencies, or may use an analysis similar to that required under other federal, state or local laws or regulations prohibiting employment discrimination. In conducting a self-analysis, the employer labor organization, or other person should be concerned with the effect on its employment practices of circumstances which may be the result of discrimination by other persons or institutions.

(B) If the self-analysis shows that one (1) or more employment practices—1) have or tend to have an adverse effect on employment opportunities of members of previously excluded protected groups, or groups whose employment or promotional opportunities have been artificially limited; 2) leave uncorrected the effects of prior discriminations; or 3) result in disparate treatment, the person making the self-analysis has a reasonable

basis for concluding that action is appropriate. It is not necessary that the self-analysis establish a violation of Chapter 213, RSMo.

This reasonable basis exists without any admission or formal finding that the person has violated Chapter 213, RSMo and without regard to whether there exist arguable defenses to a Chapter 213, RSMo violation.

(C) The action taken pursuant to an affirmative action plan or program must be reasonable in relation to the problems disclosed by the self-analysis. Reasonable action may include goals and timetables or other appropriate employment tools which recognize the race, creed, color, religion, sex, national origin, ancestry or handicap of applicants or employees. It may include the adoption of practices which will eliminate the actual or potential adverse impact, disparate treatment or effect of past discrimination by providing opportunities for members of groups which have been excluded, regardless of whether the persons benefited were themselves the victims of prior policies or procedures which produced the adverse impact or disparate treatment or which perpetuated past discrimination.

(D) Affirmative action plans or programs may include, but are not limited to, those described in the Equal Employment Opportunity Coordinating Council “Policy Statement on Affirmative Action Programs for the State and Local Government Agencies,” 41 FedReg 38,814 (September 13, 1976), reaffirmed and extended to all persons subject to federal equal employment opportunity laws and orders, in the Uniform (10/31/18) JOHN R. ASHCROFT Guidelines on Employee Selection Procedures (1978) 43 FedReg 38,290; 38,300 (August 26, 1978).

(4) In considering the reasonableness of a particular affirmative action plan or program, the commission will apply the following standards:

(A) The plan should be tailored to solve the problems which were identified in the self-analysis and to ensure that employment systems operate fairly in the future while avoiding unnecessary restrictions on opportunities for the workforce as a whole. The race, creed, color, religion, sex, ancestry, national origin or handicap conscious provision of the plan or program should be maintained only so long as necessary to achieve these objectives; and (B) Goals and timetables should be reasonably related to such considerations as the effects of past discrimination, the need for prompt elimination of adverse impact or disparate treatment, the availability of basically qualified or qualifiable applicants and the number of employment opportunities expected to be available.

(5) Where an affirmative action plan or program is alleged to violate, or is asserted as a defense to a charge of discrimination, the commission will investigate the charge in accordance with its usual procedures and pursuant to the standards set forth in these rules, whether or not the analysis and plan are in writing. However, the absence of a written self-analysis and a written affirmative action plan or program may make it more difficult to provide credible evidence that the analysis was conducted and that action was taken pursuant to a plan or program based on the analysis. Therefore, the commission recommends that these analyses and plans be in writing.

(6) Parties are entitled to rely on orders of courts of competent jurisdiction. If adherence to an order of a United States District Court or other court of competent jurisdiction, whether entered by consent or after contested litigation, in a case brought to enforce a federal, state or local equal employment opportunity law or regulation, is the basis of a complaint or is alleged to be the justification for an action which is challenged, the commission will investigate to determine whether such an order exists and whether adherence to the affirmative action plan which is part of the order was the basis of the complaint or justification. If the commission so finds, it will issue a determination of no probable cause. The commission interprets Chapter 213, RSMo to mean that good faith actions taken pursuant to the direction of a court order cannot give rise to liability under

Chapter 213, RSMo.

(7) Compliance with an affirmative action plan developed pursuant to these rules is a defense to a complaint of discrimination based upon the implementation of that plan.

CSR 180-3.080. Original rule filed Sept. 19, 1980, effective Feb. 12, 1981.

Chapter 4 Guidelines and Interpretations of Fair Housing Sections of the Missouri Human Rights Act

8 CSR 60-4.010 Definitions {#sec-8-csr-60-4.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-4.010}

PURPOSE: This rule defines terms used in sections 213.040, 213.045, 213.050 and 213.070, 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) Accessible route means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps and lifts. A route that complies with the appropriate requirements of American National Standards Institute, (ANSI)

A117.1-1986 or a comparable standard is an accessible route.

(2) Accessible, when used with respect to the public and common use areas of a building containing covered multifamily dwellings, means that the public or common use areas of the building can be approached, entered and used by individuals with physical handicaps.

The phrase, readily accessible to and usable by, is synonymous with accessible. A public or common use area that complies with the appropriate requirements of the (ANSI)

A117.1-1986 or a comparable standard is accessible within the meaning of this definition.

(3) ANSI A117.1-1986 means the 1986 edition of the American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People. Copies may be obtained from American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018.

(4) Building entrance on an accessible route means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with ANSI A117.1-1986 or a comparable standard complies with the requirements of this section.

(5) Building means a structure, facility or portion of it that contains or serves one (1) or more dwelling units.

(6) Common use areas means rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or their guests. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings.

(7) Controlled substance means any drug or other substance, or immediate precursor, included in the definition in section 195.010, RSMo.

(8) Covered multifamily dwellings means buildings consisting of four (4) or more dwelling units if these buildings have one (1) or more elevators, and ground floor dwelling units in other buildings.

(9) Dwelling means any building, structure or portion of it which is occupied as, or designed or intended for occupancy as a residence by one (1) or more families and any vacant land which is offered for sale or lease for the construction or location of any building, structure or portion of it intended for residential purposes.

(10) Dwelling unit means a single unit of residence for a family of one (1) or more persons. Examples of dwelling units include: a single family home; an apartment unit within an apartment building; and in other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one (1) room or portion of the dwelling, or rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.

(11) Entrance means any access point to a building or portion of a building used by residents for the purpose of entering.

(12) Exterior means all areas of the premises outside of an individual dwelling unit.

(13) First occupancy means a building that has never before been used for any purpose.

(14) Ground floor means a floor of a building with a building entrance on an accessible route. A building may have more than one (1) ground floor.

(15) Interior means the spaces, parts, components or elements of an individual dwelling unit.

(16) Modification means any change to the public or common use areas of a building or any change to a dwelling unit.

(17) Other financial assistance as used in section 213.045, RSMo includes the purchasing of loans which are for purchasing, constructing, improving, repairing or maintaining a dwelling or which are secured by residential real estate.

(18) Premises means the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building.

(19) Public use areas means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.

(20) Site means a parcel of land bounded by a property line or a designated portion of a public right of way.

ROBINCARNAHAN(8/31/09)

Sections of the Missouri Human Rights Act8 CSR 60-4

History

• AUTHORITY: sections 213.030, 213.040, 213.045 and 213.050, RSMo Supp. 1992. Original rule filed Dec. 2, 1992, effective June 7, 1993. 1986, 1992; 213.040, RSMo 1986, amended 1992; 213.045, RSMo 1986, amended 1992 and 213.050, RSMo 1986, amended 1992.

8 CSR 60-4.015 Inquiries Regarding Persons with Disabilities {#sec-8-csr-60-4.015 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-4.015}

PURPOSE: This rule clarifies lawful and unlawful inquiries regarding the disabilities of an applicant for a dwelling, a person intending to reside in that dwelling, or any person associated with that person.

(1) It shall be unlawful to make inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is so sold, rented, or made available, or any person associated with that person, has a disability or to make inquiry as to the nature or severity of a disability the person may have. However, this section does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities:

(A) Is an applicant able to meet the requirements of ownership or tenancy?

(B) Is an applicant qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability?

(C) Is an applicant for a dwelling qualified for a priority available to persons with disabilities or to persons with a particular type of disability?

(D) Is an applicant for a dwelling a current illegal abuser or addict of a controlled substance? and (E) Has an applicant been convicted of the illegal manufacture or distribution of a controlled substance?

RSMo 2000.* Original rule filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed March 16, 2009, effective Sept. 30, 2009. 1986, 1992, 1993, 1995, 1998 and 213.040, RSMo 1986, amended 1992, 1998.

8 CSR 60-4.020 Reasonable Modifications of Existing Premises {#sec-8-csr-60-4.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-4.020}

PURPOSE: This rule establishes guidelines regarding modifications made to premises for a person with a disability.

(1) It shall be unlawful for any person to refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by a person with a disability, if the proposed modifications may be necessary to afford the person with a disability full enjoyment of the premises. In the case of a rental, the landlord, where it is reasonable to do so, may condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase any customarily required security deposit for persons with disabilities. However, where it is necessary to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of a restoration agreement, a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in this account shall accrue to the benefit of the tenant.

(2) A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a satisfactory manner and that any required building permits will be obtained.

(3) The application of this rule may be illustrated by the following examples:

(A) Example 1: A tenant with a handicap asks his/her landlord for permission to install grab bars in the bathroom at the tenant’s expense. It is necessary to reinforce the walls with blocking between studs in order to affix the grab bars. It is unlawful for the landlord to refuse to permit the tenant, at the tenant’s own expense, from making the modifications necessary to add the grab bars. However, the landlord may condition permission for the modification on the tenant agreeing to restore the bathroom to the condition that existed before the modification, reasonable wear and tear excepted. It would be reasonable for the landlord to require the tenant to remove the grab bars at the end of the tenancy. The landlord also may reasonably require that the wall to which the grab bars are to be attached be repaired and restored to its original condition, reasonable wear and tear excepted.

However, it would be unreasonable for the landlord to require the tenant to remove the blocking, since the reinforced walls will not interfere in any way with the landlord’s or the next tenant’s use and enjoyment of the premises and may be needed by some future tenant.

(B) Example 2: An applicant for rental housing has a child who uses a wheelchair.

The bathroom door in the dwelling unit is too narrow to permit the wheelchair to pass. The applicant asks the landlord for permission to widen the doorway at the applicant’s own expense. It is unlawful for the landlord to refuse to permit the applicant to make the modification. Further, the landlord, in usual circumstances, may not condition permission for the modification on the applicant paying for the doorway to be narrowed at the end of the lease because a wider doorway will not interfere with the landlord’s or the next tenant’s use and enjoyment of the premises.

RSMo 2000.* Original rule filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed March 16, 2009, effective Sept. 30, 2009. 1986, 1992, 1993, 1995, 1998 and 213.040, RSMo 1986, amended 1992, 1998.

8 CSR 60-4.025 Design and Construction Requirements {#sec-8-csr-60-4.025 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-4.025}

PURPOSE: This rule establishes accessibility requirements in the design and construction of covered multifamily dwellings.

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) Covered multifamily dwellings planned for first occupancy after March 13, 1991 shall be designed and constructed to have at least one (1) building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy before March 14, 1991 if it is occupied before that date or if the last building permit or permit renewal for the covered multifamily dwellings is issued by a state, county or local government before January 14, 1990. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility.

(A) Example 1: A real estate developer plans to construct six (6) covered multifamily 4CODE OF STATE REGULATIONS (8/31/09) ROBINCARNAHAN INDUSTRIAL RELATIONSDivision 60—Missouri Commission on Human Rights ROBINCARNAHAN(9/30/10)

Sections of the Missouri Human Rights Act8 CSR 60-4 dwelling units on a site with a hilly terrain.

Because a long and steep stairway is necessary in order to enter the dwellings and since there is no practical way to provide an accessible route to any of the dwellings, one need not be provided.

(B) Example 2: A real estate developer plans to construct a building consisting of ten (10) units of multifamily housing on a waterfront site that floods frequently. Because of this unusual characteristic of the site, the builder plans to construct the building on stilts. It is customary for housing in the geographic area where the site is located to be built on stilts. The housing lawfully may be constructed on the proposed site on stilts even though this means that there will be no practical way to provide an accessible route to the building entrance.

(C) Example 3: A real estate developer plans to construct a multifamily housing facility on a particular site. The developer would like the facility to be built on the site to contain as many units as possible. Because of the configuration and terrain of the site, it is possible to construct a building with one hundred five (105) units on the site, provided the site does not have an accessible route leading to the building entrance. It is also possible to construct a building on the site with an accessible route leading to the building entrance. However, this building would have no more than one hundred (100) dwelling units. The building to be constructed on the site must have a building entrance on an accessible route because it is not impractical to provide such an entrance because of the terrain or unusual characteristics of the site.

(2) All covered multifamily dwellings planned for first occupancy after March 13, 1991 with a building entrance on an accessible route shall be designed and constructed in a manner that— (A) The public and common use areas are readily accessible to and usable by handicapped persons (compliance with the appropriate requirements of American National Standards Institute (ANSI) A117.1-1986 suffices to satisfy these requirements);

(B) All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by handicapped persons in wheelchairs; and (C) All premises within covered multifamily dwelling units contain the following features of adaptable design:

1. An accessible route into and through the covered dwelling unit;

2. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

3. Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall and shower seat, where these facilities are provided; and 4. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

A. Example 1: A developer plans to construct a one hundred (100)-unit condominium apartment building with one (1) elevator. In accordance with section (1), the building has at least one accessible route leading to an accessible entrance. All one hundred (100) units are covered multifamily dwelling units and they all must comply with the accessibility requirements of section (1) of this rule.

B. Example 2: A developer plans to construct thirty (30) garden apartments in a three (3)-story building. The building will not have an elevator. The building will have one (1) accessible entrance which will be on the first floor. Since the building does not have an elevator, only the ground floor units are covered multifamily units. The ground floor is the first floor because that is the floor that has an accessible entrance. All of the dwelling units on the first floor must meet the accessibility requirements of section (1) of this rule and must have access to at least one (1) of each type of public or common use area available for residents in the building.

(3) Compliance with a duly enacted law of a state or unit of general local government that includes the requirements of (3)(C)1.—4. of this rule satisfies the requirements of sections (1) and (3) of the rule.

RSMo Supp. 1992.* Original rule filed Dec. 2, 1992, effective June 7, 1993. 1986, 1992 and 213.040, RSMo 1986, amended 1992.

8 CSR 60-4.030 Prohibited Coercion and Retaliation {#sec-8-csr-60-4.030 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-4.030}

PURPOSE: This rule clarifies the unlawful discriminatory practices prohibited by section 213.070, RSMo.

(1) It shall be unlawful to aid, abet, incite, compel, or coerce the commission of acts prohibited by Chapter 213, RSMo, or to attempt to do so.

(2) Conduct made unlawful under this rule includes, but is not limited to, coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided in connection with the sale or rental of a dwelling or in connection with a residential real estate-related transaction because of race, color, religion, sex, disability, familial status, ancestry, or national origin.

(3) Retaliating against any person because that person has filed a complaint, testified, assisted, or participated in any manner in a proceeding under Chapter 213, RSMo, shall be unlawful.

History

• AUTHORITY: sections 213.030, 213.070, and 213.075, RSMo 2000. Original rule filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed March 16, 2009, effective Sept. 30, 2009. 1986, 1992, 1993, 1995, 1998; 213.070, RSMo 1986, amended 1992, 1998; and 213.075, RSMo 1986, amended 1992.

8 CSR 60-4.035 Exceptions {#sec-8-csr-60-4.035 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-4.035}

PURPOSE: This rule lists exceptions to the fair housing sections of Chapter 213, RSMo.

(1) Any religious organization, association, or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society may limit the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose (activity engaged in for profit) to persons of the same religion or give preference to these persons, unless membership in the religion is restricted on account of race, color or national origin.

(2) A private club, not open to the public, which as an incident to its primary purpose(s) provides lodging which it owns or operates for other than a commercial purpose, may limit the rental or occupancy of the lodging to its members or may give preference in occupancy to its members.

(3) Other than the prohibitions against discriminatory advertising in 213.040.1(3), RSMo, the following are exempted from the coverage of Chapter 213, RSMo:

(A) The sale or rental of any single family house by a private individual owner, provided— 1. The private individual owner does not own or have any interest in more than three (3) single family homes at any one (1) time; and 2. The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings, and without publication, posting or mailing of any advertisement. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to the sale, this exemption applies to only one (1) such sale in any twenty-four (24)-month period; and (B) The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of these living quarters as his/her residence.

RSMo Supp. 1992.* Original rule filed Dec. 2, 1992, effective June 7, 1993. 1986, 1992 and 213.040, RSMo 1986, amended 1992.

8 CSR 60-4.040 Costs of Travel to Hearing {#sec-8-csr-60-4.040 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-4.040}

PURPOSE: This rule indicates that when a complainant has to travel for a hearing regarding a complaint of housing discrimination, the commission will cover the complainant’s travel expenses.

(1) When a complainant files a complaint pursuant to sections 213.040, 213.041, 213.045, or 213.050, RSMo, or pursuant to

section 213.070, RSMo, only as it relates to housing, and the respondent requests that a hearing be held in the county where he or she resides or does business, then, in the event that county is not the county of complainant’s residence, the commission will cover the costs associated with the complainant’s travel to the hearing pursuant to the state of Missouri’s policies and limits in place for state employees at the time the travel occurs.

History

• AUTHORITY: sections 213.030 and 213.075, RSMo 2000. Original rule filed April 14, 2010, effective Oct. 30, 2010. 1986, 1992, 1993, 1995, 1998 and 213.075, RSMo 1986, amended 1992.

8 CSR 60-4.045 Complainant’s Testimony at Hearing {#sec-8-csr-60-4.045 omnilex-key=us-mo-regs-official--title-8--8 CSR 60-4.045}

PURPOSE: This rule indicates that a complainant may testify at a hearing even if he or she has not intervened in the action.

(1) When a case is at hearing pursuant to section 213.075, RSMo, then the complainant may testify at the hearing whether or not he or she has intervened in the proceeding.

6CODE OF STATE REGULATIONS

(9/30/10) ROBINCARNAHAN

INDUSTRIAL RELATIONSDivision 60—Missouri Commission on Human Rights

History

• AUTHORITY: sections 213.030 and 213.075, RSMo 2000. Original rule filed April 14, 2010, effective Oct. 30, 2010. 1986, 1992, 1993, 1995, 1998 and 213.075, RSMo 1986, amended 1992.

Division 70 Missouri Assistive Technology Advisory Council

Chapter 1 Assistive Technology Programs (Moved to 1 CSR 70-1)

8 CSR 70-1.010 Telecommunications Access Program {#sec-8-csr-70-1.010 omnilex-key=us-mo-regs-official--title-8--8 CSR 70-1.010}

(Moved to 1 CSR 70-1.010)

8 CSR 70-1.020 Assistive Technology Loan Program {#sec-8-csr-70-1.020 omnilex-key=us-mo-regs-official--title-8--8 CSR 70-1.020}

(Moved to 1 CSR 70-1.020)

ROBINCARNAHAN(11/30/05)

Chapter 1óAssistive Technology Programs8 CSR 70-1