Missouri Revised Statutes
Chapter 288 - Employment Security
Section 288.220 - Administration of law — director — state unemployment insurance operation — rules and regulations.

Effective - 28 Aug 2014, 2 histories
288.220. Administration of law — director — state unemployment insurance operation — rules and regulations. — 1. Subject to the supervision of the director of the department of labor and industrial relations, the division of employment security of the department of labor and industrial relations shall be under the control, management and supervision of a director who shall be appointed by the governor, by and with the advice and consent of the senate. The director shall serve at the pleasure of the governor.
2. The division shall be responsible for administering the Missouri state unemployment insurance operation and any other operations as are necessary to administer the state's employment security law.
3. The central office of the division shall be maintained in the City of Jefferson.
4. Subject to the supervision and approval of the director of the department of labor and industrial relations, it shall be the duty of the director to administer this law; and the director shall have power and authority to adopt, amend, or rescind any regulations as the director deems necessary to the efficient internal management of the division. The director shall determine the division's organization and methods of procedure. Subject to the provisions of the state merit system law, chapter 36, the director shall employ and prescribe the duties and powers of the persons as may be necessary. The director shall collaborate with the personnel director and the personnel advisory board in establishing for employees of the division salaries comparable to the salaries paid by other states of a similar size and volume of operations to employees engaged in the administration of the employment security programs of those states. The director may delegate to any such person the power and authority as the director deems reasonable and proper for the effective administration of the law, and may in the director's discretion bond any person handling moneys or signing checks. Further, the director shall have the power to make expenditures, require reports, make investigations and take other action not inconsistent with this law as he or she considers necessary to the efficient and proper administration of the law.
5. Subject to the approval of the director of the department of labor and industrial relations and the commission, the director shall adopt, amend or rescind the rules and regulations as are necessary to implement any of the provisions of this law not relating to the internal management of the division; however, the rules and regulations shall not become effective until ten days after their approval by the commission and copies thereof have been filed in the office of the secretary of state.
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(L. 1951 p. 564 § 288.190, A.L. 1955 p. 595, A.L. 1961 p. 436, A.L. 1963 p. 411, A.L. 1967 p. 405, A.L. 1971 S.B. 154, A.L. 1995 H.B. 300 & 95, A.L. 2014 H.B. 1299 Revision)
CROSS REFERENCES:
Creation of division of employment security, 286.110
Rules and regulations to be filed in office of secretary of state, Chap. 536
State merit system, Chap. 36
(1975) A determination that a person is an "employer" must be reviewed by the circuit court of Cole County. Hansen v. Division of Employment Security (A.), 520 S.W.2d 150.
(1976) Held, exclusive jurisdiction of appeals from industrial commission is in circuit court of Cole County. Springfield Gen. Osteo. Hosp. v. Indus. Comm. (A.), 538 S.W.2d 364.
(1977) Claimant is disqualified from receiving unemployment benefits when reason for leaving job was her inability to find a baby-sitter. Lyell v. Labor and Industrial Relations Commission (A.), 553 S.W.2d 899.
(1985) The residence of a claimant is determined for circuit court jurisdiction at the time the aggrieved party files its original claim. Magdala Foundation v. Labor and Indus. Rel. (A.), 693 S.W.2d 193.
(1995) Statutory requirement of naming defendants is for administrative convenience and is not jurisdictional. Clay v. Labor and Industrial Relations Commission of Missouri, 908 S.W.2d 351 (Mo.banc).
(1997) Commission may not reconsider and reverse itself after the time for appeal expires. Burch Food Services v. Division of Employment Security, 945 S.W.2d 478 (Mo.App. W.D.).

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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.