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. (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. (2) An interested party means—

   1. (A) The claimant, if any;
   2. (B) Any employer or employing unit that has filed a timely protest in accordance with section 288.070, RSMo;
   3. (C) Any employer or employing unit from whose employment the claimant was separated during a week of continued claim, other than a week during which an initial claim or a renewed claim was effective.
   4. (D) Any employer or employing unit having a legal interest in any determination made under section 288.130, RSMo;
   5. (E) Any person, employer or employing unit having a legal interest in any assessment made under section 288.160, RSMo; or
   6. (F) The Division of Employment Security.
3. (3) The term material witness means any person, employer or employing unit which is not an interested party to a determination under section (2) but which, nevertheless, has provided information which was used by the division in making its determination. The appeals tribunal, on written request by the material witness, will provide the material witness with a complimentary copy of the decision involving the material witness. The complimentary copy shall not confer on the material witness any legal rights which the witness does not already have.

4. (4) Appeal to be Written.

   1. (A) Any signed, legible written notice filed by an interested party in accordance with these rules, 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.

   2. (B) An interested party may file an appeal by using a printed appeal form available from the division. Use of the form is not mandatory; however, whatever instrument is used, it should also include the following information:

      1. 1. Name and Social Security account

number of each claimant, if any, involved;

1. 2. Name of the employer, if any,

involved;

1. 3. Date, issue number and subject mat-

ter of the determination; and

1. 4. Statement of the reasons for disagree-

ment with the determination.

1. (C) Failure to include all of the information listed in subsection (4)(B) may result in unnecessary delay in processing the appeal and scheduling the hearing.
2. (D) Any signed, legible written notice filed by an interested party in accordance with these rules, 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.

1. (5) Filing of Appeals and Petitions For Reassessment.

   1. (A) Appeals and petitions for reassessment may be filed by mail or in person at the office of the division where the determination or assessment was made or at any office of the division.
   2. (B) Appeals and petitions for reassessment may be filed by facsimile transmission (fax) at the office of the division where the determination or assessment was made or at any office of the division.

2. (6) Time Limit for Appeal.

   1. (A) An appeal to a determination or redetermination under section 288.070.4, 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.
   2. (B) An appeal to an ex parte determination or redetermination under section 288.130.3, RSMo shall be filed within thirty (30) calendar days of the date of the mailing of the determination or redetermination to the 8 CSR 10-5

party’s last known address or, in the absence of mailing, the date of personal service to the party.

1. (C) 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.
2. (D) 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.
3. (E) Fax transmissions of appeals and petitions for reassessment 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 filed on the next regular division workday. Date and time of receipt will be determined by the division’s receiving fax machine. Persons filing by fax transmission must retain the receipt with the original document for reference by the appeals tribunal if so requested.

4. (F) 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. 1. Those dates designated public holi-

days by Chapter 9, RSMo; and

1. 2. Any other day designated a public or

legal holiday by the governor.

AUTHORITY: sections 288.190 and 288.220.5, 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 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. *Original authority: 288.190, RSMo 1951, amended 1972, 1979, 1984, 1996 and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.