Section 288.220

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 288

Effective - 28 Aug 2014, 3 histories, see footnote   (history) 

  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.).