286.060. Labor and industrial relations commission, powers and duties--rules.
Labor and industrial relations commission, powers andduties--rules.
286.060. 1. It shall be the duty of the labor and industrialrelations commission, and it shall have power, jurisdiction and authority:
(1) To sue and be sued in its official name;
(2) To have and use an official seal bearing the followinginscription: "The Labor and Industrial Relations Commission of the Stateof Missouri", which shall be judicially noticed;
(3) To have all powers, duties and responsibilitiesconferred or imposed upon it by the workers' compensation law (chapter 287,RSMo) and by the unemployment compensation law (chapter 288, RSMo);
(4) To approve or disapprove all rules or regulations promulgated byany division within the department. Such rules or regulations shall notbecome effective until ten days after their approval by the commission andcopies thereof have been filed in the office of the secretary of state;
(5) To establish and maintain as far as practicable a central systemof collecting, preparing, compiling and reporting all material forstatistical use in all divisions of the department of labor and industrialrelations, and to this end the department shall have access to the booksand records of all state departments, except those which are required bylaw to be kept confidential. The commission may by regulation permitemployers or other persons to file combined reports of information requiredby law to be reported to the several divisions within the departmentwhenever it finds that same or similar information is required by law to bereported by such employers or persons to more than one division within thedepartment;
(6) To maintain, as far as practicable, a central system for payrolland other accounting for the several divisions in the department;
(7) To compile and publish, in printed form, the laws under which thecommission and the various divisions in the department operate, togetherwith all rules and regulations (except such rules and regulations whichrelate to the internal management of the department) which have beenadopted by or with the approval of the commission, and to furnish copiesthereof to any citizen of the state upon request;
(8) To adopt all regulations necessary to the efficient internalmanagement of the department, not inconsistent with any provisions of law,and such regulations shall become effective immediately upon adoption,unless the commission shall otherwise order; to adopt regulations governingits proceedings in connection with the exercise of its quasi-judicialfunctions, and such regulations shall become effective ten days aftercopies thereof are filed in the office of the secretary of state;
(9) The commission or any member thereof may hold hearings, requirethe attendance of witnesses, administer oaths and take testimony;
(10) Each of the commissioners shall have power to certify toofficial acts;
(11) To prepare and submit to each regular session of the generalassembly and to the governor at the beginning of each session of thegeneral assembly, a complete and detailed report of the activities of thedepartment, including the activities of each division within thedepartment, during the preceding biennial period. Such report shallinclude a balance sheet of the moneys in the various administrative fundsunder its jurisdiction as well as all information required to be reportedby the various laws under its jurisdiction, which reports shall be in lieuof any report to the general assembly now required by law for anydepartment or office, the powers and duties of which are by this chaptervested in a division in the department of labor and industrial relations;
(12) To require the division of employment security to furnish itwith a stenographer or clerk to file, process and keep records of all casesappealed from that division to the labor and industrial relationscommission; and**
(13) To have and perform such other powers and duties as may beconferred or imposed upon it by law.
2. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
(L. 1945 p. 1101 § 6, A.L. 1947 V. II p. 278, A.L. 1980 H.B. 1396, A.L. 1995 S.B. 3)Labor and industrial relations commission, powers andduties--rulemaking authority, procedure.*This section was amended by both S.B. 3 and H.B. 300 & 95 during the 1st Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.
**Word "and" does not appear in original rolls.
CROSS REFERENCES:
Additional duties, director of division of workers' compensation, RSMo 286.121
Workers' compensation claims to be reviewed only by administrative law judges, commission or appellate courts, RSMo 287.801
286.060. 1. It shall be the duty of the commission, and it shall havepower, jurisdiction and authority:
(1) To sue and be sued in its official name;
(2) To have and use an official seal bearing the following inscription:"The Labor and Industrial Relations Commission of the State of Missouri",which shall be judicially noticed;
(3) To have all powers, duties and responsibilities conferred or imposedupon it by the workers' compensation law (chapter 287, RSMo), the victims ofcrime law, chapter 595, RSMo, the division of labor standards law (withinchapters 286, 290, 291, 292, 293, 294 and 444, RSMo), and the unemploymentcompensation law (chapter 288, RSMo);
(4) To approve or disapprove all rules or regulations promulgated by anydivision within the department;
(5) To establish and maintain as far as practicable a central system ofcollecting, preparing, compiling and reporting all material for statisticaluse in all divisions of the department of labor and industrial relations, andto this end the department shall have access to the books and records of allstate departments, except those which are required by law to be keptconfidential. The commission may by regulation permit employers or otherpersons to file combined reports of information required by law to be reportedto the several divisions within the department whenever it finds that same orsimilar information is required by law to be reported by such employers orpersons to more than one division within the department;
(6) To maintain, as far as practicable, a central system for payroll andother accounting for the several divisions in the department;
(7) To compile and publish, in printed form, at the expense of thedivisions within the department all rules and regulations (except such rulesand regulations which relate to the internal management of the department)which have been adopted by or with the approval of the commission, and tofurnish copies thereof to any citizen of the state upon request;
(8) To adopt all regulations necessary to the efficient internalmanagement of the department, not inconsistent with any provisions of law; andto adopt regulations governing its proceedings in connection with the exerciseof its quasi-judicial functions;
(9) The commission or any member of the commission may hold hearings,require the attendance of witnesses, administer oaths and take testimony;
(10) Each of the commissioners shall have power to certify to officialacts;
(11) To prepare and submit to each regular session of the generalassembly and to the governor at the beginning of each session of the generalassembly, a complete and detailed report of the activities of the department,including the activities of each division within the department, during thepreceding biennial period. Such report shall include a balance sheet of themoneys in the various administrative funds under its jurisdiction as well asall information required to be reported by the various laws under itsjurisdiction, which reports shall be in lieu of any report to the generalassembly now required by law for any department or office, the powers andduties of which are by this chapter vested in a division in the department oflabor and industrial relations;
(12) To require the division of employment security to furnish it with astenographer or clerk to file, process and keep records of all cases appealedfrom that division to the labor and industrial relations commission; and
(13) To have and perform such other powers and duties as may beconferred or imposed upon it by law.
2. No rule or portion of a rule promulgated under the authority of thischapter shall become effective until it has been approved by the jointcommittee on administrative rules in accordance with the procedures providedin this section, and the delegation of the legislative authority to enact lawby the adoption of such rules is dependent upon the power of the jointcommittee on administrative rules to review and suspend rules pendingratification by the senate and the house of representatives as provided inthis section.
3. Upon filing any proposed rule with the secretary of state, the filingagency shall concurrently submit such proposed rule to the committee, whichmay hold hearings upon any proposed rule or portion thereof at any time.
4. A final order of rulemaking shall not be filed with the secretary ofstate until thirty days after such final order of rulemaking has been receivedby the committee. The committee may hold one or more hearings upon such finalorder of rulemaking during the thirty-day period. If the committee does notdisapprove such order of rulemaking within the thirty-day period, the filingagency may file such order of rulemaking with the secretary of state and theorder of rulemaking shall be deemed approved.
5. The committee may, by majority vote of the members, suspend the orderof rulemaking or portion thereof by action taken prior to the filing of thefinal order of rulemaking only for one or more of the following grounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the law uponwhich the proposed rule is based.
6. If the committee disapproves any rule or portion thereof, the filingagency shall not file such disapproved portion of any rule with the secretaryof state and the secretary of state shall not publish in the Missouri Registerany final order of rulemaking containing the disapproved portion.
7. If the committee disapproves any rule or portion thereof, thecommittee shall report its findings to the senate and the house ofrepresentatives. No rule or portion thereof disapproved by the committeeshall take effect so long as the senate and the house of representativesratify the act of the joint committee by resolution adopted in each housewithin thirty legislative days after such rule or portion thereof has beendisapproved by the joint committee.
8. Upon adoption of a rule as provided in this section, any such rule orportion thereof may be suspended or revoked by the general assembly either bybill or, pursuant to section 8, article IV of the Constitution of Missouri, byconcurrent resolution upon recommendation of the joint committee onadministrative rules. The committee shall be authorized to hold hearings andmake recommendations pursuant to the provisions of section 536.037, RSMo. Thesecretary of state shall publish in the Missouri Register, as soon aspracticable, notice of the suspension or revocation.
(L. 1945 p. 1101 § 6, A.L. 1947 V. II p. 278, A.L. 1980 H.B. 1396, A.L. 1995 H.B. 300 & 95)*This section was amended by both S.B. 3 and H.B. 300 & 95 during the lst Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.
CROSS REFERENCE:
Additional duties, director of division of workers' compensation, RSMo 286.121
Workers' compensation claims to be reviewed only by administrative law judges, commission or appellate courts, RSMo 287.801