288.190. Administrative appeals on disputed determinations--party subject to appeal decision, right to counsel.
Administrative appeals on disputed determinations--party subject toappeal decision, right to counsel.
288.190. 1. The director shall designate an impartial referee orreferees to hear and decide disputed determinations, claims referredpursuant to subsection 2 of section 288.070, and petitions forreassessment. No employee of the division shall participate on behalf ofthe division in any case in which the division employee is an interestedparty.
2. The manner in which disputed determinations, referred claims, andpetitions for reassessment shall be presented and the conduct of hearingsshall be in accordance with regulations prescribed by the division fordetermining the rights of the parties, whether or not such regulationsconform to common law or statutory rules of evidence and other technicalrules of procedure. When the same or substantially similar evidence isrelevant and material to the matters in issue in claims by more than oneindividual or in claims by a single individual in respect to two or moreweeks of unemployment, the same time and place for considering each suchclaim or claims may be fixed, hearings thereon jointly conducted, a singlerecord of the proceedings made, and evidence introduced with respect to oneproceeding considered as introduced in the others, if in the judgment ofthe appeals tribunal or the commission having jurisdiction of theproceeding such consolidation would not be prejudicial to any party. Afull and complete record shall be kept of all proceedings in connectionwith a disputed determination, referred claim, or petition forreassessment. The appeals tribunal shall include in the record andconsider as evidence all records of the division that are material to theissues. All testimony at any hearing shall be recorded but need not betranscribed unless the matter is further appealed.
3. Unless an appeal on a disputed determination or referred claim iswithdrawn, an appeals tribunal, after affording the parties reasonableopportunity for fair hearing, shall affirm, modify, or reverse thedetermination of the deputy, or shall remand the matter to the deputy withdirections. In addition, in any case wherein the appellant, after havingbeen duly notified of the date, time, and place of the hearing, shall failto appear at such hearing, the appeals tribunal may enter an orderdismissing the appeal. The director may transfer to another appealstribunal the proceedings on an appeal determination before an appealstribunal. The parties shall be duly notified of an appeals tribunal'sdecision or order, together with its reason therefor, which shall be deemedto be the final decision or order of the division unless, within thirtydays after the date of notification or mailing of such decision, furtherappeal is initiated pursuant to section 288.200; except that, within thirtydays of either notification or mailing of the appeals tribunal's decisionor order, the appeals tribunal, on its own motion, or on motion of anyparty to the case, may reconsider any decision or order when it appearsthat such reconsideration is essential to the accomplishment of the objectand purpose of this law. The authority of the appeals tribunal toreconsider any decision or order under this section shall continuethroughout the thirty-day time limit, regardless of whether any party hasinitiated further appeal under section 288.200 during the thirty-dayperiod.
4. Unless a petition for reassessment is withdrawn or is allowedwithout a hearing, the petitioners shall be given a reasonable opportunityfor a fair hearing before an appeals tribunal upon each such petition. Theappeals tribunal shall promptly notify the interested parties of itsdecision upon such petition together with its reason therefor. Inaddition, in any case wherein the appellant, after having been dulynotified of the date, time, and place of the hearing, shall fail to appearat such hearing, the appeals tribunal may enter an order dismissing theappeal. In the absence of the filing of an application for review of suchdecision, the decision, whether it results in a reassessment or otherwise,shall become final thirty days after the date of notification or mailingthereof; except that, within thirty days of either notification or mailingof the appeals tribunal's decision or order, the appeals tribunal, on itsown motion, or on motion of any party to the case, may reconsider anydecision or order when it appears that such reconsideration is essential tothe accomplishment of the object and purposes of this law. The authorityof the appeals tribunal to reconsider any decision under this section shallcontinue throughout the thirty-day time limit, regardless of whether anyparty has initiated further appeal under section 288.200 during thatthirty-day period.
5. Any party subject to any decision of an appeals tribunal pursuantto this chapter has a right to counsel and shall be notified prior to ahearing conducted pursuant to this chapter that a decision of the appealstribunal is presumptively conclusive for the purposes of this chapter asprovided in section 288.200.
(L. 1951 p. 564 § 288.160, A.L. 1972 S.B. 473, A.L. 1979 S.B. 477, A.L. 1984 H.B. 1251 & 1549, A.L. 1996 H.B. 1368, A.L. 2006 H.B. 1456)Effective 10-01-06
(1962) When it was stipulated by counsel with referee that certain evidence previously heard in some prior proceedings would be applicable to and considered in proceedings on claim for benefits, no part of which was made part of the record, neither the appeals tribunal, the commission, nor the circuit court could have rendered a decision authorized by law and the cause was remanded. Gidley v. Industrial Commission (A.), 356 S.W.2d 550.