Mo. Code Regs. Ann. tit. 8, § 10-5.030
Telephone Hearings Before an Appeals Tribunal
Effective Jan 2, 1997sections 288.190 and 288.220.5, RSMo 1986.* Original rule filed Dec. 14, 1982, effective March 13, 1983. Emergency amendment filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed July 12, 1984, effective Oct. 11, 1984. Amended: Filed Oct. 17, 1988, effective March 26, 1989. Emergency amendment filed Dec. 11, 1996, effective Jan. 2, 1997, terminated March 31, 1997Division of Employment Security
PURPOSE: This rule establishes procedures for conducting hearings by telephone conference under section 288.190, RSMo. (1) Where, because of distances involved or other substantial reason, it is impractical for interested parties and witnesses to appear at the same location for a hearing, an appeals tribunal may schedule a hearing by telephone. If that is infeasible, an appeals tribunal shall schedule a separate hearing for each party.
- (2) Any interested party shall have an absolute right not to participate in a telephone hearing.
- (3) Any interested party electing not to participate in a telephone hearing shall be granted an in-person hearing. The in-person hearing shall be scheduled in accord with these rules.
- (4) Election by any interested party not to participate in a telephone hearing shall not be binding as to the division or any other interested party which, at the discretion of an appeals tribunal, may present its evidence by means of a telephone hearing.
- (5) If an appeals tribunal is unable to contact any interested party by a telephone hearing due to technical difficulties, the hearing shall not be dismissed but must be rescheduled.
(6) The appeal of any appellant scheduled for telephone hearing who does not exercise the right to an in-person hearing shall be dismissed in accordance with Chapter 288, RSMo and these rules if the appellant—
- (A) Does not provide an appeals tribunal with a telephone number where the appellant may be contacted at the time scheduled for the hearing; or
- (B) Is not at the location of the telephone number previously provided to an appeals tribunal.
AUTHORITY: sections 288.190 and 288.220.5, RSMo 1986.* Original rule filed Dec. 14, 1982, effective March 13, 1983. Emergency amendment filed July 12, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed July 12, 1984, effective Oct. 11, 1984. Amended: Filed Oct. 17, 1988, effective March 26, 1989. Emergency amendment filed Dec. 11, 1996, effective Jan. 2, 1997, terminated March 31, 1997.
*Original authority: 288.190, RSMo 1951, amended 1972, 1979, 1984 and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971.