Investigation of Complaints; Failure to Respond to Attorney General Request for Identity Information

PURPOSE: This rule describes the process related to investigating valid complaints authorized by section 285.535, RSMo Supp. 2008. (1) Upon the receipt of a valid complaint, the Missouri Attorney General’s Office shall, within fifteen (15) days, request by certified mail that the business entity provide identity information regarding person(s) alleged to be unauthorized alien workers. (2) The business entity shall provide the “identity information” within fifteen (15) days of the receipt of the request. If the business entity fails to do so, the attorney general shall direct any applicable state agency, political subdivision, and municipal or county governing body to suspend any licenses or permits of the business entity effective fifteen (15) days from the receipt of notice by the applicable state agency, political subdivision, county, or municipality from the attorney general unless the business entity submits to the attorney general evidence of one (1) of the following within that time: (A) That 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 (B) That 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. AUTHORITY: section 285.540, RSMo Supp. 2008.* Emergency rule filed March 2, 2009, effective March 12, 2009, expired Sept. 7, 2009. Original rule filed March 2, 2009, effective Aug. 30, 2009. *Original authority: 285.540, RSMo 2008.