PURPOSE: This rule prescribes procedures for filing complaints that a business entity or employer has knowingly employed, hired for employment, or continued to employ an unauthorized alien to perform work in Missouri in violation of section 285.530, RSMo Supp. 2008.

1. (1) State officials, business entities, or any state resident may file a complaint in writing and under oath with the Missouri Attorney General’s Office that a business entity or employer has knowingly employed, hired for employment, or continued to employ an unauthorized alien to perform work in Missouri in violation of section 285.530, RSMo Supp. 2008.
2. (2) Persons wishing to file a complaint may request a complaint form from the Missouri Attorney General’s Office, PO Box 899, Jefferson City, MO 65102; or may download and print the form from the Missouri Attorney General’s website at www.ago.mo.gov.

3. (3) The form must be completed in its entirety, and the person submitting a complaint must:

   1. (A) Provide information about the business entity or employer alleged to be violating the statute;
   2. (B) Provide their contact information;
   3. (C) Verify that they are either: a Missouri resident, an official of the state, a political subdivision or municipality, or a registered agent, corporate officer, or legal representative of a business entity;
   4. (D) A detailed description of the violation, including reasonably specific information about the alleged alien worker;
   5. (E) A declaration under the penalty of perjury that the complaint is true and correct to the best of their knowledge and belief; and
   6. (F) A notarized signature.
4. (4) Complaints cannot allege a violation solely or primarily on the basis of national origin, ethnicity, or race.
5. (5) Completed complaint forms should be returned to the Missouri Attorney General’s Office, PO Box 899, Jefferson City, MO 65102.

AUTHORITY: section 285.540, RSMo Supp. 2008.* Emergency rule filed March 2, 2009, effective March 12, 2009, expired Sept. 7, 2009. Original rule filed March 2, 2009, effective Aug. 30, 2009.

*Original authority: 285.540, RSMo 2008.