288.200. Appeals to labor and industrial relations commission. - Missouri Statutes

Appeals to labor and industrial relations commission.

288.200. 1. Any of the parties (including the division) to anydecision of an appeals tribunal, may file with the commission within thirtydays following the date of notification or mailing of such decision, anapplication to have such decision reviewed by the commission. Thecommission may allow or deny an application for review. If an applicationis allowed, the commission may affirm, modify, reverse, or set aside thedecision of the appeals tribunal on the basis of the evidence previouslysubmitted in such case or may take additional evidence or may remand thematter to the appeals tribunal with directions. Any additional hearingshall be conducted in accordance with the requirements of subsection 2 ofsection 288.190. The commission shall promptly notify the parties of itsdecision and its reasons therefor. If an application for review is denied,the decision of the appeals tribunal shall be deemed to be the decision ofthe commission for the purpose of judicial review and shall be subject tojudicial review within the time and in the manner provided for with respectto decisions of the commission except that the time limitations shall runfrom the date of notice of the order of the commission denying theapplication for review.

2. Any decision of the commission shall become final ten days afterthe date of notification or mailing thereof to the parties. Any right,fact or matter in issue, directly based upon or necessarily involved in adetermination or redetermination which has become final or in a decision onappeal which has become final, shall be conclusive with respect to theparties who had notice of such determination, redetermination, or decisionfor all the purposes of the employment security law in any otherproceeding; except that, the commission may on its own motion and by awritten decision reconsider any determination or redetermination ordecision wherein any such right, fact or matter at issue was determined ornecessarily involved when it appears that such reconsideration is essentialto accomplish the object and purposes of the law. Judicial review of anydecision of the commission shall be permitted only after the party claimingto be aggrieved thereby has exhausted the administrative remedies asprovided by this law and the rules and regulations of the division.

(L. 1951 p. 564 § 288.170, A.L. 1984 H.B. 1251 & 1549, A.L. 1992 S.B. 626, A.L. 1996 H.B. 1368)