Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes procedures for
dismissal of certain appeals.
(1) Timeliness of Appeals. If it appears to
the hearing officer, upon examination of the file, that an appeal was not filed
within the time allowed by statute, the hearing officer may:
(A) Dismiss the appeal; or
(B) Set the matter for hearing to include
consideration of the merits of the appeal in addition to the timeliness of the
appeal. If it is found that no timely appeal was filed, the hearing officer
shall dismiss the appeal without ruling on the merits.
(2) Failure to Appear for Hearings.
(A) If the appellant fails to appear at a
hearing at the scheduled time or location, the appeal shall be
dismissed.
(B) If such dismissal is
set aside, the matter shall be scheduled for hearing. The threshold issue shall
be whether the appellant had good cause for failing to appear for the prior
setting. The merits of the appeal may also be heard. If good cause is not
found, the hearing officer shall reinstate the order of dismissal. If good
cause is found, the hearing officer shall rule on the merits of the
appeal.
(3) Dismissal of
Appeals.
(A) An order of dismissal shall
recite the essential facts, which establish the failure to file the appeal
within the time allowed by statute or the failure of the appellant to appear at
the scheduled time, and the order dismissing the appeal.
(B) Copies of the order of dismissal shall be
mailed to all parties.
(C) Upon
written request of the appellant, or upon its own motion, a hearing officer may
set aside an order of dismissal and have the appeal reset for hearing if the
request and set aside occur within thirty (30) days of the dismissal.
(4) Withdrawal of Appeals. An
appellant, subject to the approval of the hearing officer, may withdraw an
appeal prior to the mailing of the decision. The withdrawal request must be in
writing and signed by either the appellant or the appellant's representative,
or entered orally on the record. If approved, the hearing officer shall issue a
written order of withdrawal.
(5)
Application for Review.
(A) When a written
request to reconsider or set aside an order of dismissal is not granted, the
request shall be considered an application for review to the Labor and
Industrial Relations Commission.
(B) Any written request by the appellant to
set aside an order of withdrawal shall be considered an application for review
to the Labor and Industrial Relations Commission.
*Original authority: 288.190, RSMo 1951, amended 1972,
1979, 1984, 1996 and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967,
1971, 1995.
