Missouri Administrative Code

(Rescinded March 13, 1983) ................................................................6 8 CSR 10-5.030 Telephone Hearings Before a Hearing Officer.............................................6 8 CSR 10-5.035 Appeal Hearings for Interstate Claimants ..........................…

1979, 1984, 1996 and 288.220.5, RSMo 1951, amended state Claimants ter shall be scheduled for hearing. The 1955, 1961, 1963, 1967, 1971, 1995. threshold issue shall be whether the appellant PURPOSE: This rule governs the conduct of had good cause for failing to appear for the On …

proceed without such party. ed, the request shall be considered an appli- cer cation for review to the Labor and Industrial AUTHORITY: section 288.190, RSMo Supp. PURPOSE: This rule establishes procedures Relations Commission. 2011, and section 288.220.5., RSMo 2000.* for dismiss…

Tribunal AUTHORITY: sections 288.190 and 288.220.5, RSMo 2000.* Original rule filed PURPOSE: This rule establishes the decision Oct. 17, 1988, effective March 26, 1989. activities which follow the conclusion of the Emergency amendment filed July 25, 1996, appeals tribunal hearing…

Compensation Program (G) “Wages” means all remuneration paid (5) Payment of Benefits. At the discretion of for personal services including commissions, the division, all veterans’ unemployment PURPOSE: This rule establishes the stan- bonuses, gratuities, severance pay, vacation c…

Relations Commission PURPOSE: This rule describes the organiza- tion 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 …

electronic means. PURPOSE: This rule outlines the practice and procedures of the commission, in general. AUTHORITY: section 286.060, RSMo 2016.* This version of rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended: Filed Aug. (1) The following rules govern practice and proc…

final award issued by an administrative law of the remarriage of the dependent surviving PURPOSE: This rule states powers, duties, judge after the lapse of twenty (20) days from spouse shall be made by filing a copy of the and functions delegated to the division and the date of i…

—Change in Condition interested party may file a motion to submit review should not extend beyond a maximum additional evidence to the commission. The of five (5) pages. The commission may PURPOSE: This rule states the policy of the hearing of additional evidence by the com- decl…

Orders Issued by Administrative Law or additional medical examinations does not vide, via written correspondence to all parties, Judges constitute a valid ground for the admission of a briefing schedule after the transcript is pre- additional evidence by the commission. pared by …

the division has jurisdiction of the claim at PURPOSE: This rule outlines how a consoli- the time the final award is issued. AUTHORITY: section 286.060, RSMo 2016.* dation of claims is to be handled. (B) The limitation as to fees shall apply to This version of rule filed Dec. 18,…

(D) A written statement showing whether tificate of surety or other document issued by PURPOSE: This rule states the policy of the or not the employee has returned to work a bank, savings and loan institution or an commission on continuances of hearing, and, if so, when; insuranc…

ing an application for review (or “petitioner”) commission upon its own motion or upon a PURPOSE: This rule sets out procedures for may request, in the application, to file a request set forth in an application for review filing an application to review decision of the brief. The…

ney, licensed to practice in Missouri, may the date set for the prehearing conference. PURPOSE: This rule specifies procedures for appear in a representative capacity. A person Failure on the part of any party to comply filing objections to wage orders, including whose conduct is…

PURPOSE: This rule outlines procedures for filing complaints and mediation of these com- plaints 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…

in Crime Victims’ Compensation Cases (Rescinded October 30, 2021) .............3 JOHN R. ASHCROFT (9/30/21) CODE OF STATE REGULATIONS 1 Secretary of State Chapter 7—Crime Victim Appeals 8 CSR 20-7 Title 8—DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS Division 20—Labor and Industri…

Tort Victims’ Compensation Cases ........................................................3 JOHN R. ASHCROFT (9/30/19) CODE OF STATE REGULATIONS 1 Secretary of State Chapter 8—Tort Victims Appeals 8 CSR 20-8 Title 8—DEPARTMENT OF either granting or denying the motion. If the oppos…

Division of Labor Standards PURPOSE: This rule describes the organiza- tion 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 …

PURPOSE: This rule defines those terms used by the inspection (19) Detonating cord or detonating fuse means a flexible cord section, Division of Labor Standards in the rules establishing containing a core of high explosive. standards for safe practices in the mining industry. (20…

(39) Roll protection means a framework or safety canopy to protect the vehicle operator if equipment should overturn. PURPOSE: This rule sets forth the specific safety and operating standards for the mining industry relative to specific areas of (40) Safety can means an approved …

hours in the calculation of the annual wage The examinations shall be of a frequency that Public Works Projects order: may be necessary to assure conformity with (A) Hours not readily identifiable as being the provisions of the law. An examination PURPOSE: This rule sets forth ap…

or construction job. The presumption may be and apprentices registered and participating PURPOSE: This rule sets forth the definition rebutted by evidence showing that the facility in programs certified by the Secretary of the of certain terms for purposes of issuance and was est…

building construction as defined in section struction Work wage or the public works contracting mini- (2); and (N) Work on water and wastewater treat- mum wage as provided in section 290.257, PURPOSE: The Department of Labor and excluding rates on projects for which the ment plan…

Oct. 30, 2000. Rescinded: Filed Aug. 15, tions 290.515, RSMo 1990, amended 2006; 290.517, RSMo 2008, effective March 30, 2009. 1990, amended 2006; and 290.523, RSMo 2008. PURPOSE: This rule sets forth the applica- bility of the Missouri Minimum Wage Law 8 CSR 30-4.040 Subminimum …

Services stores and commissaries; (E) Fuel (including coal, kerosene, fire- PURPOSE: This rule provides for the valua- wood, and lumber slabs); tion of those types of goods and services (F) Electricity, water, and gas furnished for which may be received by the employee and the no…

provider’s receipt of any circumstance likely parties can also agree to a postponement or PURPOSE: This rule establishes the proce- to affect impartiality from the arbitrator or cancellation of a hearing. Any postponement dures for filing for arbitration under Mis- another source…

Wage Based on Physical or Mental Disabil- ities 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 dis…

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 i…

PURPOSE: This rule states when and how a party must be PURPOSE: This rule sets out definitions used in the rules of the represented by a licensed attorney. State Board of Mediation. (1) Any individual may present that individual’s own case (1) The following definitions are listed…

(Rescinded October 30, 2022) in the unit alleged to be appropriate to be approved by the board. Such showing of interest shall be dated not more than AUTHORITY: section 295.070, RSMo 1994. Original rule filed Dec. six (6) months prior to filing the petition. 31, 1975, effective J…

(Rescinded October 30, 2022) responsibility of the party filing the petition to serve the petition on all other parties. AUTHORITY: section 295.070, RSMo 1994. Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, AUTHORITY: section 295.070, RSMo…

(Rescinded October 30, 2022)

(Rescinded October 30, 2022) facie appropriate unit, the chair may request the party filing such petition to withdraw the petition without prejudice or in AUTHORITY: section 295.070, RSMo 1994. Original rule filed May the absence of such withdrawal, within a reasonable time, the …

AUTHORITY: section 295.070, RSMo 1994. Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, PURPOSE: This rule describes why and when a petition may be effective Nov. 30, 1999. Rescinded: Filed March 1, 2022, effective withdrawn or dismissed. Oc…

Petitioning Party Oct. 30, 2022. PURPOSE: This rule states when a petition may be withdrawn or *Original authority: 295.070, RSMo 1947. amended. (1) At any time prior to issuance of a written notice of election 8 CSR 40-2.140 Hearings for the purpose of resolving the issue of rep…

and means. PURPOSE: This rule states that the public employer shall furnish the board with a list of employees. (2) A notice of hearing shall be served on all interested parties and shall be in writing and mailed or electronically (1) The public employer shall furnish to the boar…

PURPOSE: This rule describes the initial action to be taken upon the filing of a petition. PURPOSE: This rule describes who may intervene and the requirements needed to intervene. (1) Upon the filing of any petition, the chair shall confer with and may hold informal conferences w…

allowed will be counted. The names of the persons whose PURPOSE: This rule describes the posting of notice of election, ballots are challenged shall be made a part of the record of contents of notice of election and improper use of notice of the election proceedings. Challenged b…

(9) Where objections are filed or challenges are determinative, PURPOSE: This rule describes the procedure to be followed in an the chair shall conduct an investigation and, where appropriate, election. shall issue a notice of hearing for the board to hear the matters alleged and…

PURPOSE: This rule describes the requirements for a runoff (2) The parties shall stipulate as to the composition of the election. bargaining unit, the eligibility period for participation in the election, the dates, hours and places of the election and the (1) When the results of…

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 representat…

Equipment Program (Rescinded November 30, 2001) AUTHORITY: section 286.060, RSMo Supp. 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 No…

Workers’ Compensation 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 Rela- tions administers the Workers’ Compe…

tested and Contested Workers’ Compensa- according to section 435.104, RSMo 1994. (2) separate parties and the assertion of a tion Cases Any agreement regarding medical or tempo- claim against one is not an assertion of a rary benefits shall be reduced to writing and claim against…

through personal service or by certified mail, reasonable and are not greater than the usual Disputes return receipt requested, a copy of the appli- and customary fee as provided in section PURPOSE: This rule sets forth the Division cation on the person or corporation against 287…

(Rescinded July 30, 1999) ..................................................................10 8 CSR 50-2.050 Mediation Services ............................................................................10 8 CSR 50-2.060 Performance Standards for Administrative Law Judges .....…

for Administrative Law Judges case will be no more than one hundred twen- able at said address to the public for inspec- ty (120) days after the date that the request PURPOSE: This rule establishes the perfor- tion and copying at no more than the actual for hearing is approved, u…

Insurance sional Registration in compliance with sec- required: tion 287.955, RSMo; 1. Balance sheets and income statements PURPOSE: This rule sets forth requirements 10. Security—A surety bond, an irrevo- for the last four (4) years; the balance sheets and standards for authorit…

report of the investigation shall be made in its determination of the injury as being tation available to the facility requesting certifica- serious. It is the seriousness of the injury PURPOSE: This rule is concerned with the tion. Each report shall include findings rather than …