Missouri Revised Statutes
Chapter 288 - Employment Security
Section 288.160 - Assessment of delinquent contributions — limitations — refusal to file, penalty.

Effective - 28 Aug 2019, 3 histories
288.160. Assessment of delinquent contributions — limitations — refusal to file, penalty. — 1. If any employer neglects or refuses to make a report as required by this chapter the division shall make an estimate based on any information in its possession or that may come into its possession of the amount of wages paid by such employer for the period in respect to which the employer failed to make the report, and upon the basis of such estimated amount compute and assess the contributions and interest payable by such employer, adding to such sum a penalty as set forth in subsection 2 of this section. Promptly thereafter, the division shall give to such employer written notice of such estimated contributions, interest and penalties as so assessed, the notice to be served by certified mail, directed to the last known address of such employer.
2. If any employer neglects or refuses to file any required report by the last day of the month following the due date there shall be imposed a penalty, equal to the greater of one hundred dollars or ten percent of the contributions required to be shown on the report, for each month or fraction thereof during which such failure continues, provided, however, that the penalty shall not exceed the greater of two hundred dollars or twenty percent of the contributions in the aggregate.
3. In any case in which any contributions, interest or penalties imposed by this chapter are not paid when due, it shall be the duty of the division, when the amount of contributions, interest or penalties is determined, either by the report of the employer or by such investigation as the division may make, to assess the contributions, interest and penalties so determined against such employer and to certify the amount of such contributions, interest and penalties and give such employer written notice, served by certified mail, directed to the last known address of such employer.
4. If fraud or evasion on the part of any employer is discovered by the division, the division shall determine the amount by which the state has been defrauded, shall add to the amount so determined a penalty equal to twenty-five percent thereof, and shall assess the same against the employer. The amount so assessed shall be immediately due and payable; provided, however, that the division shall promptly thereafter give to such employer written notice of such assessment.
5. Any employer against whom an assessment is made pursuant to the provisions of subsections 1, 2, 3 and 4 of this section may petition for reassessment. The petition for such reassessment shall be filed with the division during the thirty-day period following the mailing of the notice of such assessment. In the absence of the filing of such a petition for reassessment the assessment shall become final upon the expiration of such a thirty-day period. Each such petition for reassessment shall set forth specifically and in detail the grounds upon which it is claimed the assessment is erroneous.
6. (1) In any case in which any contributions, interest or penalties imposed by this chapter are not paid when due, the notice of the assessment of such contributions, interest and penalties shall be served upon or mailed to the employer within three years of the date upon which the payment of the contributions was due except that in any case of fraud or misrepresentation on the part of the employer, the notice of the assessment of the contributions, interest and penalties may be served by mail to the last known address of such employer at any time.
(2) The giving of the notice of the making of the assessment shall toll any statute of limitations on the collection of any contributions, interest and penalties assessed.
(3) In the event any employer is entitled to the advantage of the Soldiers' and Sailors' Civil Relief Act of 1940, or any amendment thereto, prior to the date any assessment becomes final, such employer shall be permitted to file a petition for reassessment at any time within ninety days following such employer's discharge from the armed services.
(4) The certificate of assessment which, pursuant to the provisions of section 288.170, may be filed with the clerk of the circuit court shall, upon such filing, thereafter be treated in all respects as a final judgment of the circuit court against the employer and the general statute of limitations applying to other judgments of courts of record shall apply.
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(L. 1951 p. 564 § 288.150, A.L. 1996 H.B. 1368, A.L. 1998 S.B. 922, A.L. 2019 S.B. 90)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVIII - Labor and Industrial Relations

Chapter 288 - Employment Security

Section 288.010 - Title of law.

Section 288.020 - Public policy declared — construction of law.

Section 288.030 - Definitions — calculation of Missouri average annual wage.

Section 288.032 - Employer defined, exceptions.

Section 288.034 - Employment defined.

Section 288.035 - Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception.

Section 288.036 - Wages defined — state taxable wage base.

Section 288.036 - Wages defined — state taxable wage base.

Section 288.037 - Indian tribes considered employers for purposes of unemployment compensation payments, when — definitions — requirements.

Section 288.038 - Maximum weekly benefit amount defined.

Section 288.040 - Eligibility for benefits — exceptions — report, contents.

Section 288.041 - Employer to provide notice of ineligibility for unemployment benefits, when.

Section 288.042 - War on terror veterans, defined — eligible for benefits — time period — penalty — offer of similar wages — fund — rulemaking authority.

Section 288.045 - Misconduct connected with the claimant's work, when — controlled substance and blood alcohol content levels — notice — tests conducted, when — violation, penalty — preemployment testing — testing provision not to apply, when — speci...

Section 288.046 - General assembly's intent to abrogate certain case law — determining misconduct, evidence of impairment.

Section 288.050 - Benefits denied unemployed workers, when — pregnancy, requirements for benefit eligibility.

Section 288.051 - Temporary employees, defined, deemed to have voluntarily quit employment, when.

Section 288.055 - Retraining programs, eligibility to receive benefits while in program, requirements.

Section 288.060 - Benefits, how paid — wage credits — limitation on duration of benefits — benefits due decedent — benefit warrants cancelled, when — electronic funds transfer system, allowed — remote claims filing procedures required, contents, duti...

Section 288.060 - Benefits, how paid -- wage credits — benefits due decedent — benefit warrants cancelled, when — electronic funds transfer system, allowed — remote claims filing procedures required, contents, duties.

Section 288.062 - "On" and "Off" indicators, state and national, how determined — extended benefits, defined — amount and how computed.

Section 288.070 - Claims for benefits — procedure — payment pending appeal.

Section 288.080 - Employer, when subject to law — election of coverage — termination.

Section 288.090 - Contributions required, when — payments in lieu of contributions, procedures — common paymaster arrangements.

Section 288.100 - Experience rating — employer accounts, credits and charges.

Section 288.102 - Rules, procedures.

Section 288.110 - Transfer of employer accounts — successor employer liabilities — unemployment experience, how treated — penalties — definitions.

Section 288.113 - Employer's rate, how determined.

Section 288.120 - Employer's contribution rate, how determined — exception shared work plan, how computed — surcharges for employers taxed at the maximum rate — overpayments, time limit for appeal.

Section 288.120 - Employer's contribution rate, how determined — exception shared work plan, how computed — surcharges for employers taxed at the maximum rate.

Section 288.121 - Rate increased when average balance in fund is less than certain amount, how — rate calculations for certain years.

Section 288.122 - If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table.

Section 288.122 - If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table — effective, when.

Section 288.124 - Average annual payroll defined.

Section 288.125 - Voluntary payments by employer.

Section 288.126 - Ineligibility for rate calculation, rate used, positive and negative experience rate account balances.

Section 288.128 - Additional assessment for interest on federal advancements and proceeds of credit instruments, procedure — excess collections, use of — credit instrument and financing agreement repayment surcharge.

Section 288.130 - Employer records — form of report — benefit information — liability determination — final when — extension of time period for cause — reconsideration, when.

Section 288.132 - Unemployment automation fund created, use of moneys.

Section 288.133 - Unemployment automation adjustment, amount — reductions, when.

Section 288.140 - Contribution adjustments or refunds.

Section 288.150 - Unpaid contributions, interest rate due, abatement during extensions — exceptions.

Section 288.160 - Assessment of delinquent contributions — limitations — refusal to file, penalty.

Section 288.170 - Collection of delinquent contributions.

Section 288.175 - Debtor's federal income tax refund may be intercepted — debt defined — debtor defined — use of collection agencies authorized.

Section 288.180 - Compromise of delinquent contributions.

Section 288.190 - Administrative appeals on disputed determinations — party subject to appeal decision, right to counsel.

Section 288.200 - Appeals to labor and industrial relations commission.

Section 288.210 - Judicial review of decisions of industrial commission, grounds — division to be a party, when.

Section 288.215 - Finding of fact, conclusion of law, judgment or order not conclusive or binding, when — use of evidence in other proceedings.

Section 288.220 - Administration of law — director — state unemployment insurance operation — rules and regulations.

Section 288.222 - Resume retrieval program, division may administer, charge fees — general assembly may appropriate funds for program.

Section 288.225 - Group insurance for employees of division.

Section 288.230 - Power to subpoena records and witnesses — mileage and per diem for witnesses — witness's right against self-incrimination, procedure to claim, effect.

Section 288.240 - Papers, deemed filed, when.

Section 288.245 - Records of division constitute evidence of date of mailing or electronic transmission.

Section 288.247 - Electronic document transmission and filing requirements — investigations of protested issues and fraud, appeals decided.

Section 288.250 - Records confidential — privileged communications — violation, penalty.

Section 288.251 - Cooperation with not-for-profit agencies authorized.

Section 288.260 - Annual report.

Section 288.290 - Unemployment compensation fund, established — administration, deposit of funds — purposes — erroneous collection of interest or penalties.

Section 288.300 - Unemployment compensation administration fund, administration and disbursement.

Section 288.310 - Special employment security fund — use of funds — amounts transferred between funds, when.

Section 288.320 - Federal funds, how used — reimbursement, when authorized.

Section 288.330 - State liability for benefits limited, authority for application and repayment of federal advances — board of unemployment fund financing created, duties, requirements, powers — disposition of unobligated funds.

Section 288.330 - State liability for benefits limited, authority for application and repayment of federal advances — board of unemployment fund financing created, duties, requirements, powers — disposition of unobligated funds.

Section 288.340 - Cooperation with federal government and sister states.

Section 288.345 - Division may participate in federal comprehensive manpower programs.

Section 288.350 - Effect of amendments to related federal law.

Section 288.360 - Records of division — reproduction, destruction, copies.

Section 288.370 - Law does not confer vested rights.

Section 288.375 - Discharge for testifying prohibited, civil action for damages, statute of limitations.

Section 288.379 - Notice given to filer of claim, taxation of benefits — deducted amounts remain in trust fund until transference — division to follow procedures — order in which amounts are deducted.

Section 288.380 - Void agreements — offenses, penalties — deductions of support obligations and uncollected overissuance of food stamps — offset for overpayment of benefits by other states, when — definitions.

Section 288.381 - Collection of benefits paid when claimant later determined ineligible or awarded back pay — violation, damages.

Section 288.382 - Uncollectible benefit overpayments, how determined.

Section 288.390 - State to comply with minimum standards prescribed by federal law.

Section 288.395 - Fraud or misrepresentation, penalties.

Section 288.398 - Contracts with consumer reporting agencies authorized — information limited — privacy rules apply — written consent, contents — use of information limited, verified by consumer reporting agency — confidentiality safeguards required...

Section 288.500 - Shared work program created — definitions — plan, requirements — plan denied, submission of new plan, when — contribution by employer, how computed — benefits — severability clause.

Section 288.501 - Extension of benefits — alternate base period defined — use of federal moneys.