Mo. Code Regs. tit. 8 § 10-5.050

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 8 CSR 10-5.050 - Decisions of an Appeals Tribunal

PURPOSE: This rule establishes the decision activities which follow the conclusion of the appeals tribunal hearing including preparation, notification and request for review.

(1) Upon conclusion of the hearing, the hearing officer shall prepare a written decision. The decision shall be based solely upon competent and substantial evidence contained in the official record.

(2) The decision may include, but shall not be limited to, the following:

(A) Findings of fact necessary for resolution of the issues, findings based upon stipulation of the parties or matters officially noticed by the hearing officer shall be so designated;

(B) Conclusions of law accompanied by reference to the operative findings of fact and the specific provisions of the statutory law from which the conclusions were drawn; and

(C) The ultimate decision which sets forth the action to be taken.

(3) Notification of the decision shall include the following procedure:

(A) A copy of the decision shall be mailed to the address of record of the parties and attorneys of record, if any, by regular United States mail. Information accompanying the decision shall advise the parties of their right to, and the means by which, an application for review of the decision may be filed with the Labor and Industrial Relations Commission; and

(B) The hearing officer or his/her designated clerk shall complete a certification that the decision was mailed to each of the parties and attorneys of record at the addresses listed in the official file.

(4) At any time up to thirty (30) days from the date of a decision and prior to an application for review, a hearing officer may issue a corrected decision to eliminate any errors. This section does not supersede the provisions of this chapter regarding orders of dismissal.

(5) If the hearing officer receives a signed written communication from a party which expresses disagreement with a decision or order, or which otherwise indicates a desire to file an application for review, the hearing officer shall forward it to the Labor and Industrial Relations Commission. This section does not supersede the provisions of this chapter regarding orders of dismissal.

8 CSR 10-5.050

AUTHORITY: sections 288.190 and 288.220.5, RSMo 2000.* Original rule filed Oct. 17, 1988, effective March 26, 1989. Emergency amendment filed July 25, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. Amended: Filed July 25, 1996, effective Jan. 30, 1997. Amended: Filed April 5, 2002, effective Oct. 30, 2002.

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