Missouri Code of State Regulations
Title 15 - ELECTED OFFICIALS
Division 60 - Attorney General
Chapter 15 - Unauthorized Alien Workers
Section 15 CSR 60-15.050 - Notification by Federal Government that Individual is Not Authorized to Work
Universal Citation: 15 MO Code of State Regs 60-15.050
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule describes the process to be utilized when the federal government notifies the Missouri Attorney General's Office that an individual is not authorized to work and the duties required of the employer by section 285.535, RSMo Supp. 2008.
(1) Upon notification from the federal government to the Missouri Attorney General's Office that an individual is not authorized to work, and the employer participates in a federal work authorization program, the Missouri Attorney General's Office shall notify the employer to comply with section 285.535.6, RSMo Supp. 2008.
(A) The employer shall,
through its legal representative as noted in subsection (1)(B) below, submit
evidence of one (1) of the following within thirty (30) days:
1. The business entity has terminated the
individual, or is attempting to terminate the individual and is being
challenged in court or other administrative proceeding; or
2. The business entity, after acquiring
additional information from the employee, has requested a secondary or
additional verification by the federal government of the employee's
authorization.
(B) The
legal representative of the business entity shall submit a sworn affidavit to
the Missouri Attorney General, PO Box 899, Jefferson City, MO 65102, stating
the violation has ended and provide:
1.
Evidence of the specific measures taken to end the violation, which shall, at a
minimum, include a notarized affidavit, from the human resources director or
other officer of the business entity whose duties include terminating the
employment of employees, etc., describing the events surrounding the
termination of employment;
2. The
name, address, and all identifying information available to the business entity
concerning the unauthorized alien(s) related to the complaint; and
3. Evidence that the business entity has
enrolled in, and is currently participating in, E-Verify, a federal work
authorization program, or any other equivalent electronic verification of work
authorization program operated by the United States Department of Homeland
Security under the Immigration Reform and Control Act of 1986 (IRCA).
(2) Enforcement Actions by Attorney General if Business Entity Employs an Unauthorized Worker.
(A) If the federal government notifies the
attorney general that a business entity has employed an unauthorized worker and
the business entity has failed to correct the violation as set forth herein,
the attorney general shall bring an action in the Circuit Court of Cole County
if the attorney general reasonably believes the business entity knowingly
employed or continued to employ an unauthorized worker in violation of section
285.530.1, RSMo Supp. 2008. In such action, the attorney general may ask the
circuit court to direct any applicable state agency, political subdivision, and
municipal or county governing body to suspend any business permits or license
of the business entity until the entity complies with subsection 6. of 285.535,
RSMo Supp. 2008.
(3) Additional Penalties for Business Entity Having a Contract or Grant with State, Political Subdivision, County, or Municipality.
(A) In addition to the penalties that may be
assessed by a court for violation of the provisions of section 285.530.1, RSMo
Supp. 2008, upon the first violation by any business entity awarded a contract
or grant by the state, a political subdivision, municipality, or county or
receiving a state-administered tax credit, tax abatement, or loan or loan
guarantee from the state, the business entity shall be deemed in breach of
contract and the state, political subdivision, municipality, or county may
terminate the contract. Upon such termination, the state, political
subdivision, municipality, or county may withhold up to twenty-five percent
(25%) of the total amount due to the business entity. The state, political
subdivision, municipality, or county shall notify the attorney general of any
such termination. Upon receipt of notice of such termination of a contract or
grant or a violation of section 285.530.1, RSMo Supp. 2008, by the recipient of
a state-administered tax credit, tax abatement, or loan or loan guarantee from
the state, the attorney general shall suspend or debar the business entity from
doing business with any state, political subdivision, municipality, or county
for a period of three (3) years.
(B) Upon the second or subsequent violation
by any business entity awarded a contract or grant by the state, a political
subdivision, municipality, or county or receiving a state-administered tax
credit, tax abatement or loan or loan guarantee from the state, the business
entity shall be deemed in breach of contract and the state, political
subdivision, municipality, or county may terminate the contract. Upon such
termination, the state may withhold up to twenty-five percent (25%) of the
total amount due to the business entity. Upon receipt by the attorney general
of notice of a second or subsequent violation, the attorney general shall
permanently suspend or debar the business entity from doing business with the
state.
(4) The attorney general shall maintain on his website a list of all business entities suspended or debarred under this section.
*Original authority: 285.540, RSMo 2008.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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