Appeals and Hearings

This screen contains a general explanation of the appeal and hearing process for matters of Missouri unemployment tax. Scroll down for the entire text of the page, or choose one of the items below to go directly to your area of interest.

For information on a specific appeal or hearing, call the number listed on the Notice of Hearing you have received, or call the Missouri Division of Employment Security Appeals Section at (573) 751-3913.

• Appeal Rights
• When Papers are Deemed Filed
• Hearings (Appeals Tribunal)
• Commission Review (Labor and Industrial Relations Commission)
• Judicial Review (Court of Appeals)

Appeal Rights

An employer or claimant may appeal a written determination issued by a deputy of the Division. An appeal of an administrative determination must be filed within 30 days from the date the determination was mailed. The appeal may be filed in person, by mail or by fax at the office of the Division where the determination was made. The appeal must be signed by the employing unit (including any officer or employee thereof, except that an employee may not sign an appeal on behalf of a sole proprietorship or partnership) or by a licensed attorney representing the employing unit.

Papers Deemed Filed

All appeals, reports and other papers filed with this Division are deemed filed either as of the date endorsed by the United States Postal Service, or if not endorsed by the Postal Service, the date received at an office of the Division of Employment Security or the date received by fax to the Division's central office. If the last date for filing of any papers falls on Saturday, Sunday or legal holiday, the filing shall be deemed timely if accomplished on the next day which is neither a Saturday, Sunday nor a legal holiday.

Hearings (Appeals Tribunal)

An employer or claimant is entitled to a hearing on a timely appeal of a determination. An impartial referee is designated to conduct a hearing on disputed administrative determinations relating to employer liability. Unless an appeal is withdrawn, the referee will schedule a hearing to give interested parties a reasonable opportunity to present evidence. A hearing is held at an office of the Division of Employment Security as convenient as possible for the parties. Notices of hearing are mailed at least seven days in advance of the hearing date. The referee will either affirm, modify or reverse the deputy's determination or remand the matter back to the deputy with instructions.

All interested parties will be mailed a copy of the referee's decision. Unless an Application for Review of the decision is filed with the Labor and Industrial Relations Commission within 30 days from the date of mailing of the referee's decision, the decision shall become final.

Commission Review (Labor and Industrial Relations Commission)

Application for a review of an appeals tribunal decision is filed with the Labor and Industrial Relations Commission of Missouri. The Commission may allow or deny the application for review. If the application is allowed, the Commission may affirm, reverse, modify or set aside the Appeals Decision. If the Appeals Decision is set aside, the Commission may take additional evidence or remand the matter back to the Appeals Tribunal with instructions. A notice of the Commission's decision is mailed to all interested parties and becomes final 10 days from the date of mailing of the notice.

Judicial Review (Court of Appeals)

Application for judicial review (in court) of the Commission's decision involving an employer's liability must be made with the Missouri Court of Appeals for the Western District within 20 days after the date of the Industrial Commission's decision.