reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.060 - Removal of commissioners.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.060. Removal of commissioners. —
The governor may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving to him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel, in his own defense, upon not less than ten days' notice. If such commissioner shall be removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner, and his findings thereon, together with a complete record of the proceedings. The legislature also shall have the power, by a two-thirds vote of all members elected to each house, after ten days' notice in writing of the charges and a public hearing, to remove any one or more of said commissioners from office for dereliction of duty, or corruption, or incompetency.
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(RSMo 1939 § 5581)
Prior revisions: 1929 § 5125; 1919 § 10414
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.071 - General counsel authorized, qualifications, duties.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1977
386.071. General counsel authorized, qualifications, duties. —
The public service commission may appoint and fix the compensation of a general counsel to serve at the pleasure of the commission. He shall be an attorney at law and shall have resided in this state prior to his
*
appointment. It shall be the duty of the general counsel for the commission to represent and appear for the commission in all actions and proceedings involving any question under this or any other law, or under or in reference to any act, order, decision or proceeding of the commission, and if directed to do so by the commission, to intervene, if possible, in
**
any action or proceeding in which any such question is involved; to commence and prosecute in the name of the state all actions and proceedings, authorized by law and directed or authorized by the commission, and to expedite in every way possible, to final determination all such actions and proceedings; to advise the commission and each commissioner, when so requested, in regard to all matters in connection with the powers and duties of the commission and the members thereof, and generally to perform all duties and services as attorney and counsel to the commission which the commission may reasonably require of him.
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(L. 1977 H.B. 42 & 157)
*Word "this" appears in original rolls.
**Word "if" appears in original rolls.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.090 - Secretary to the commission — duties.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.090. Secretary to the commission — duties. —
The commission may appoint a secretary who shall serve during the pleasure of the commission. It shall be the duty of the secretary to keep a full and true record of all the proceedings of the commission, of all books, maps, documents and papers ordered filed by the commission, and of all orders made by each of the commissioners, and of all orders made by the commission or approved and confirmed by it and ordered filed, and he shall be responsible to it for the safe custody and preservation of all such documents at its office. Under the direction of the commission the secretary shall have general charge of its office, superintend its clerical business and perform such other duties as the commission may prescribe. He shall have power and authority to administer oaths in all parts of the state, so far as the exercise of such authority is properly incidental to the performance of his duties or that of the commission. The secretary shall designate from time to time one of the clerks appointed by the commission to perform the duties of secretary during his absence, and during such time the clerk so designated shall, at the office, possess the powers of the secretary of the commission.
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(RSMo 1939 § 5584)
Prior revisions: 1929 § 5128; 1919 § 10417
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.110 - Oath of office — eligibility of commissioners and officers.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1996
386.110. Oath of office — eligibility of commissioners and officers. —
Each commissioner and each person appointed to office or employment by the governor or by the commission shall, before entering upon the duties of the commissioner's office or employment, take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state, and to faithfully and honestly discharge the duties of such office. No person shall be eligible to appointment or shall hold the office of commissioner, or be appointed by the commission, or hold any office or position under the commission, who holds any official relation to any gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, heat and refrigerating corporation, sewer corporation, or other public service or public utility corporation or person subject to any of the provisions of this chapter, or who owns stocks or bonds therein, or who has any pecuniary interest therein.
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(RSMo 1939 § 5586, A.L. 1967 p. 578, A.L. 1996 S.B. 780)
Prior revisions: 1929 § 5130; 1919 § 10419
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.120 - Office of commission, hours — meetings — official seal — equipment, supplies — commissioners to reside where — service upon commission, what constitutes, how made.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 2009
386.120. Office of commission, hours — meetings — official seal — equipment, supplies — commissioners to reside where — service upon commission, what constitutes, how made. —
1. The principal office of the commission shall be at the state capital at the city of Jefferson City. The office required by this subsection shall be provided and assigned by the board of public buildings.
2. The commission shall at all times, except Saturdays, Sundays and legal holidays, be open and in session for the transaction of business and the commissioners shall devote their entire time to the duties of their office.
3. The commission shall have an official seal bearing the following inscription: "Public Service Commission of the State of Missouri". The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct. All courts shall take judicial notice of such seal.
4. The commission may sue and be sued in its official name. The offices of said commission shall be supplied with all necessary books, maps, charts, stationery, office furniture, telephone and telegraph connections, and all other necessary appliances and incidentals, to be paid for in the same manner as other expenses authorized by this chapter.
5. The offices of the commission shall be open during business hours on all days except Saturdays, Sundays and legal holidays, and one or more responsible persons, designated by the commission or by the secretary, under the direction of the commission, shall be on duty at all times, in immediate charge thereof.
6. Any summons or other writ issued by any court of this state or of the federal government shall be served upon the secretary of the commission or on any commissioner at the principal office of the commission in Jefferson City. Service of any summons or other writ upon the secretary of the commission, or upon any single commissioner, shall constitute service upon the entire commission.
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(RSMo 1939 § 5587, A.L. 1984 H.B. 1477, A.L. 2009 S.B. 376)
Prior revisions: 1929 § 5131; 1919 § 10420
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.125 - Public service commission, rulemaking authority.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 2005
386.125. Public service commission, rulemaking authority. —
Beginning January 1, 2007, any rule or portion of a rule, as that term is defined in section 536.010, that is created under authority delegated to the public service commission shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after January 1, 2007, shall be invalid and void.
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(L. 2005 S.B. 237 § 1)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.130 - Organization of commission — quorum — powers of a commissioner.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.130. Organization of commission — quorum — powers of a commissioner. —
The commission shall promptly and duly organize. A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission, and may hold meetings of the commission at any time or place within the state. Any investigation, inquiry or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner. All investigations, inquiries, hearings and decisions of a commissioner shall be and be deemed to be the investigations, inquiries, hearings and decisions of the commission, and every order and decision made by a commissioner, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the order of the commission.
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(RSMo 1939 § 5588)
Prior revisions: 1929 § 5132; 1919 § 10421
(1977) Public service commission must meet and act as a body. A report and order cannot be adopted by notational voting. State ex rel. Philipp Transit Lines, Inc. Public Service Commission (Mo.), 552 S.W.2d 696.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.140 - Chairman — his powers.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.140. Chairman — his powers. —
The chairman of the commission shall designate from time to time, by order entered of record, some member of the commission to act as chairman during the absence or sickness of such chairman appointed by the governor, and during such time the commissioner so appointed shall possess all the powers of the regular chairman. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission.
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(RSMo 1939 § 5589)
Prior revisions: 1929 § 5133; 1919 § 10422
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.145 - Records destroyed, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 2018, 2 histories
386.145. Records destroyed, when. —
The chairman of the public service commission may destroy by burning, or otherwise dispose of as ordered by the public service commission, such records, financial statements and such public documents which shall at the time of destruction or disposal have been on file in the office of the public service commission for a period of five years or longer and which are determined by the public service commission to be obsolete or of no further public use or value, except such records and documents as may at the time be the subject of litigation or dispute.
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(L. 1953 p. 520 § 1, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.150 - Commissioner's compensation — other employees' compensation, how fixed — reimbursement of expenses, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1984
386.150. Commissioner's compensation — other employees' compensation, how fixed — reimbursement of expenses, when. —
The annual salary of each commissioner shall be fifty-five hundred dollars plus any salary adjustment provided pursuant to section 105.055. The salary of the secretary to the commission and the salaries of all other commission employees shall be such as may from time to time be fixed by the commission. The commissioners and all employees of the commission shall have reimbursed to them all actual and necessary traveling and other expenses and disbursements incurred or made by them in the discharge of their official duties while away from their regular offices in the performance of such duties.
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(RSMo 1939 § 5590, A.L. 1947 V. I p. 467, A.L. 1977 H.B. 42 & 157, A.L. 1984 S.B. 528)
Prior revisions: 1929 § 5134; 1919 § 10423
Revisor's Note: Salary adjustment index is printed, as required by 105.005, in Appendix E.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.160 - Payment of salaries and expenses.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1980
386.160. Payment of salaries and expenses. —
All salaries and expenses of the commission shall be audited and allowed by the commissioner of administration and paid by the state treasurer upon warrants out of the funds provided therefor.
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(RSMo 1939 § 5591, A. 1949 H.B. 2099, A.L. 1980 H.B. 1266)
Prior revisions: 1929 § 5135; 1919 § 10424
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.170 - Publications commission, powers.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 2013
386.170. Publications commission, powers. —
The members of the public service commission are hereby made and constituted a publications commission to select and designate what findings, orders and decisions of the public service commission shall be published in a series of volumes designated "Reports of the Public Service Commission of the State of Missouri" and to supervise and cause to be prepared the syllabi for the findings, orders and decisions, and to select and designate such other works, papers or studies of the public service commission relating to the field of public utilities regulation that may be of interest to the public and to cause them to be published in pamphlet, book, or electronic form.
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(L. 1947 V. I p. 467 § 5595, A.L. 1977 H.B. 42 & 157, A.L. 2013 S.B. 191)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.180 - Duties of publications commission.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 2013
386.180. Duties of publications commission. —
1. It shall be the duty of the publications commission to meet from time to time, as occasion may demand, and select from the findings, orders and decisions of the public service commission the decisions which in the judgment of the publications commission should, for public information and use, be officially reported and published and when sufficient of such decisions have been designated to constitute a volume to cause same to be published in an electronic or bound volume numbered serially and designated, "Reports of the Public Service Commission of the State of Missouri".
2. The publications commission shall cause to be published from time to time an advance sheet of the public service commission reports containing all decisions of the public service commission theretofore selected and designated by the publications commission for official publication and not before officially published. Such reports shall be competent evidence of the findings, orders and decisions of the public service commission therein contained without any further proof or authentication thereof.
3. The publications commission shall also supervise and cause to be prepared all syllabi or headnotes prefixed to such published findings, orders and decisions of the public service commission and shall cause to be prepared and published as a part of each publication herein provided an adequate index, table of cases and digest of the cases reported therein.
4. The publications commission shall also from time to time select and designate such other works, papers or studies of the public service commission relating to the field of public utilities regulation that may in the judgment of the publications commission be of interest to the public and cause same to be published in pamphlet, book, or electronic form. The official reports, advance sheets and other publications published by the publications commission shall be made available for sale to the public at a price to be fixed by the publications commission, which price shall approximate the actual cost of printing.
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(L. 1947 V. I p. 467 § 5595a, A.L. 2013 S.B. 191)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.190 - Member of publications commission, compensation — report to governor on certain federal actions, when — compensation for extra duties.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1984
386.190. Member of publications commission, compensation — report to governor on certain federal actions, when — compensation for extra duties. —
1. For his services each member of the publications commission shall annually receive from the state the sum of fifty-two thousand dollars, to be paid in equal monthly installments. One-half of the compensation shall be paid from the special fund created under the provisions of section 386.370, known and designated as the "Public Service Commission Fund", and one-half shall be paid out of the state highway department fund.
2. Each member of the publications commission serving on August 13, 1984, shall prepare and submit to the governor a report on the effect of federal actions upon state regulation under the provisions of chapters 386 to 393. Such report shall be submitted annually by each member until the expiration of the term that he is serving on August 13, 1984.
3. For the performance of the duties imposed under the provisions of subsection 2 of this section, each member of the publications commission shall receive a sum that, when added to the other compensation paid to that commissioner prior to August 13, 1984, will equal the sum provided by adding together the compensation specified in section 386.150 and subsection 1 of this section.
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(L. 1947 V. I p. 467 § 5595b, A.L. 1951 p. 546, A.L. 1957 p. 501, A.L. 1963 p. 500, A.L. 1965 p. 587, A.L. 1971 S.B. 15, A.L. 1974 S.B. 486, A.L. 1977 H.B. 841, A.L. 1980 S.B. 604, A.L. 1984 S.B. 528)
Revisor's Note: Salary adjustment index is printed, as required by 105.005, in Appendix E.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.230 - Act as arbitrators.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.230. Act as arbitrators. —
Whenever any public utility has a controversy with another public utility or person and all the parties to such controversy agree in writing to submit such controversy to the commission as arbitrators, the commission shall act as such arbitrators, and after due notice to all parties interested shall proceed to hear such controversy, and their award shall be final. Parties may appear in person or by attorney before such arbitrators.
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(RSMo 1939 § 5697)
Prior revisions: 1929 § 5241; 1919 § 10529
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.240 - Powers of commission, how exercised.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.240. Powers of commission, how exercised. —
The commission may authorize any person employed by it to do or perform any act, matter or thing which the commission is authorized by this chapter to do or perform; provided, that no order, rule or regulation of any person employed by the commission shall be binding on any public utility or any person unless expressly authorized or approved by the commission.
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(RSMo 1939 § 5698)
Prior revisions: 1929 § 5242; 1919 § 10530
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.260 - Commission to fix units of service.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.260. Commission to fix units of service. —
The commission shall ascertain, determine and fix for each kind of public utility suitable and convenient standard commercial units of service, product or commodity, which units shall be lawful units for the purposes of this chapter.
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(RSMo 1939 § 5705)
Prior revisions: 1929 § 5249; 1919 § 10537
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.270 - All orders prima facie lawful and reasonable.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.270. All orders prima facie lawful and reasonable. —
All rates, tolls, charges, schedules and joint rates fixed by the commission shall be in force and shall be prima facie lawful, and all regulations, practices and services prescribed by the commission shall be in force and shall be prima facie lawful and reasonable until found otherwise in a suit brought for that purpose pursuant to the provisions of this chapter.
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(RSMo 1939 § 5702)
Prior revisions: 1929 § 5246; 1919 § 10534
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.280 - Orders to be written — recording — effect — utility office, where kept.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.280. Orders to be written — recording — effect — utility office, where kept. —
1. Every order, authorization or certificate issued or approved by the commission under any provision of this chapter shall be in writing and entered on the records of the commission. Any such order, authorization or certificate, or any part thereof, or a copy of the record of any such order, authorization or certificate, certified by a commissioner or by the secretary under the seal of the commission to be a true copy of the original order, authorization, certificate or entry, may be recorded in the office of the recorder of any county or city, in which is located the principal office and place of business of any corporation, person or public utility affected thereby, or in which is situated any property of any such corporation, person or public utility, and such record shall impart notice of its provisions to all persons. A certificate under the seal of the commission that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same offices in the same manner and with the same effect.
2. Every public utility shall have an office in this state, in which all accounts, records, memoranda, books and papers carried in pursuance of the requirements of law shall be kept. No such accounts, records, memoranda, books or papers shall at any time be removed from the state except upon such conditions as may be prescribed by the commission.
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(RSMo 1939 § 5696)
Prior revisions: 1929 § 5240; 1919 § 10528
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.290 - Certified copies of papers filed to be evidence.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.290. Certified copies of papers filed to be evidence. —
Copies of all official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary of the commission to be true copies of the originals, under the official seal of the commission, shall be evidence in like manner as the originals.
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(RSMo 1939 § 5596)
Prior revisions: 1929 § 5140; 1919 § 10429
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.300 - Fees authorized — deposited, where, how.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1995
386.300. Fees authorized — deposited, where, how. —
1. The commission may adopt rules establishing charges for copies of papers and records, official documents and orders filed with the commission, certificates under seal, certified copies of the annual report of the commission, certified copies of evidence and proceedings taken before the commission, the transmission by electronic transmittal of papers, records, evidence and transcripts, diskettes and other documents or papers for which requests for copies are received. Fees charged for copies of papers and records shall comply with the provisions of section 610.026, RSMo Supp. 1993.
2. For certificate authorizing an issue of bonds, notes or other evidences of indebtedness, the commission shall charge one dollar for each thousand dollars of the face value of the authorized issue, or fraction thereof, up to one million dollars, and fifty cents for each one thousand dollars over one million dollars and up to ten million dollars, and twenty-five cents for each one thousand dollars over ten million dollars, with a minimum fee in any case of twenty-five dollars; provided, that no fee shall be charged when such issue is made for the purpose of guaranteeing, taking over, refunding, discharging or retiring any bond, note or other evidence of indebtedness up to the amount of the issue guaranteed, taken over, refunded, discharged or retired.
3. No fees shall be charged or collected for copies of papers, records or official documents furnished to public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distribution, but the commission may fix reasonable charges for publications issued under its authority. All fees charged and collected under this section shall be paid, at least once each month, accompanied by a detailed statement thereof, to the state director of revenue.
4. All fees collected pursuant to subsection 1 of this section shall be deposited to the credit of the fund of the commission from which the expenses of furnishing the copies listed in subsection 1 of this section are paid and shall be used by the commission to offset such expenses. All fees collected pursuant to subsection 2 of this section shall be forwarded as provided by law for deposit in the state's general revenue fund.
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(RSMo 1939 § 5597, A.L. 1947 V. I p. 463, A.L. 1984 H.B. 1477, A.L. 1995 S.B. 64)
Prior revisions: 1929 § 5141; 1919 § 10430
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.320 - General supervision of telegraph and telephone corporations.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1996
386.320. General supervision of telegraph and telephone corporations. —
1. The commission shall have the general supervision of all telegraph corporations or telephone corporations, and telegraph and telephone lines, as herein defined, and shall have power to and shall examine the same and keep informed as to their general condition, their capitalization, their franchises and the manner in which their lines and property, owned, leased, controlled or operated are managed, conducted and operated, not only with respect to the adequacy, security and accommodation afforded by their service, but also with respect to their compliance with all the provisions of law, orders and decisions of the commission and charter and franchise requirements.
2. The commission shall have power, either through its members or responsible engineers or inspectors or employees duly authorized by it, to enter in and upon and to inspect the property, equipment, buildings, plants, factories, powerhouses, offices, apparatus, machines, devices and lines of any of such corporations or persons.
3. The commission and each commissioner shall have power to examine all books, contracts, records, documents and papers of any person or corporation subject to its supervision, and by subpoena duces tecum to compel production thereof. In lieu of requiring production of originals by subpoena duces tecum, the commission or any commissioner may require sworn copies of any such books, records, documents, contracts and papers or parts thereof to be filed with it.
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(RSMo 1939 §§ 5619, 5667, A. 1949 H.B. 2099, A.L. 1996 S.B. 780)
Prior revisions: 1929 §§ 5163, 5211; 1919 §§ 10452, 10499
CROSS REFERENCES:
Rural electric cooperatives, regulations of commission applicable, 394.160
Telegraph and telephone companies generally, Chap. 392
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.360 - Commission to investigate mandamus or injunctive actions, when — hearings, when held — parties, when joined — form of final judgment.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 13 Jun 1989, see footnote
386.360. Commission to investigate mandamus or injunctive actions, when — hearings, when held — parties, when joined — form of final judgment. —
1. Whenever the commission shall be of the opinion that a public utility, municipal gas system, person or corporation is failing or omitting or about to fail or omit to do anything required of it by law or by order or decision of the commission, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order or decision of the commission, it shall direct the general counsel to the commission to commence an action or proceeding in any circuit court of the state of Missouri in the name of the commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions. The commission's general counsel shall thereupon begin such action or proceeding by a petition to such court alleging the violation complained of and praying for appropriate relief by way of mandamus or injunction. Such relief shall not be limited to permanent forms of mandamus and injunction, but shall include all available forms of injunction and mandamus, including temporary restraining orders, preliminary injunctions, permanent injunctions, preliminary orders of mandamus, and permanent orders of mandamus.
2. It shall thereupon be the duty of the court to specify the time, not exceeding thirty days after service of a copy of the petition, within which the public utility, person, municipal gas system or corporation complained of, must answer the petition in cases where an answer is contemplated by Missouri Rules of Court. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct without other or formal pleadings, and without respect to any technical requirement.
3. Such other persons, public utilities, municipal gas systems or corporations as the court shall deem necessary or proper to join as parties in order to make its order, judgment or writs effective may be joined as parties upon application of the commission's general counsel.
4. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a writ of mandamus or an injunction, or both, issue as prayed for in the petition or in such modified or other form as the court may determine will afford appropriate relief.
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(RSMo 1939 §§ 5641, 5661, 5683, A. 1949 H.B. 2099, A.L. 1967 p. 578, A.L. 1977 H.B. 42 & 157, A.L. 1989 H.B. 938)
Prior revisions: 1929 §§ 5185, 5205, 5227; 1919 §§ 10473, 10493, 10515
Effective 6-13-89
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.371 - Taxes and costs paid by public utility on reclassification of personal property to real property, recoverable in service rates, when — commission's duties.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1991
386.371. Taxes and costs paid by public utility on reclassification of personal property to real property, recoverable in service rates, when — commission's duties. —
All taxes and costs of financing taxes which are paid subsequent to August 1, 1992, by a public utility, as defined in chapter 386, on real property in the rate base of the public utility caused by a reclassification of personal property to real property may be recoverable in the service rates of the public utility, and the public service commission shall utilize administrative remedies available to it under statute and previous commission orders to consider the recoverability of such tax rates.
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(L. 1991 H.B. 608 § 1)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.380 - Reports of commission.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.380. Reports of commission. —
1. All proceedings of the commission and all documents and records in its possession shall be public records. The commission shall make and submit to the governor on or before the second Monday in January in each year a report containing a full and complete account of its transactions and proceedings for the preceding fiscal year, together with such other facts, suggestions and recommendations as it may deem of value to the people of the state, which report shall be laid before the next succeeding legislature.
2. The commission shall conduct a hearing and take testimony relative to any pending legislation with respect to any person, corporation or matter within the jurisdiction of the commission, if requested to do so by the legislature or by either branch thereof or by the governor, and shall report its conclusions to the legislature, or to the governor if the request was made by him. The commission may also recommend the enactment of such legislation with respect to any matter within its jurisdiction as it deems wise or necessary in the public interest.
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(RSMo 1939 § 5594)
Prior revisions: 1929 § 5138; 1919 § 10427
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.400 - Utilities, corporations and persons may file complaint.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1977
386.400. Utilities, corporations and persons may file complaint. —
Any corporation, person or public utility shall have the right to complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases, except that the complaint may be served upon any parties designated by the commission.
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(RSMo 1939 § 5687, A.L. 1977 H.B. 42 & 157)
Prior revisions: 1929 § 5231; 1919 § 10519
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.410 - Commission to adopt rules of procedure, technical rules of evidence not to apply — proceedings to be informal.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1996
386.410. Commission to adopt rules of procedure, technical rules of evidence not to apply — proceedings to be informal. —
1. All hearings before the commission or a commissioner shall be governed by rules to be adopted and prescribed by the commission. And in all investigations, inquiries or hearings the commission or commissioner shall not be bound by the technical rules of evidence.
2. No formality in any proceeding nor in the manner of taking testimony before the commission or any commissioner shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission.
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(RSMo 1939 § 5600, A.L. 1947 V. I p. 463, A.L. 1977 H.B. 42 & 157, A.L. 1996 S.B. 780)
Prior revisions: 1929 § 5144; 1919 § 10433
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.430 - Burden of proof on adverse party.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.430. Burden of proof on adverse party. —
In all trials, actions, suits and proceedings arising under the provisions of this chapter or growing out of the exercise of the authority and powers granted herein to the commission, the burden of proof shall be upon the party adverse to such commission or seeking to set aside any determination, requirement, direction or order of said commission, to show by clear and satisfactory evidence that the determination, requirement, direction or order of the commission complained of is unreasonable or unlawful as the case may be.
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(RSMo 1939 § 5703)
Prior revisions: 1929 § 5247; 1919 § 10535
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.450 - Inspection of out of state records.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1977
386.450. Inspection of out of state records. —
At the request of the public counsel and upon good cause shown by him the commission shall require or on its own initiative the commission may require, by order served upon any corporation, person or public utility in the manner provided herein for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers or records kept by said corporation, person or public utility in any office or place within or without this state, or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the public counsel when the order is issued at his request or by the commission or under its direction.
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(RSMo 1939 § 5700, A.L. 1977 H.B. 42 & 157)
Prior revisions: 1929 § 5244; 1919 § 10532
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.460 - Refusal to attend or produce books or papers, guilty of misdemeanor — penalty.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1939
386.460. Refusal to attend or produce books or papers, guilty of misdemeanor — penalty. —
If a person subpoenaed to appear before the commission or a commissioner fails to obey the command of such subpoena, without reasonable cause, or if a person in attendance upon the commission or a commissioner shall, without a reasonable cause, refuse to be sworn or to be examined, or answer a question, or to produce a book or paper when ordered to do so by the commission or a commissioner, or to subscribe or swear to his deposition after it has been correctly produced in writing, he shall be deemed guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment, and may be prosecuted therefor in any court of competent jurisdiction; and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.
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(RSMo 1939 § 5599)
Prior revisions: 1929 § 5143; 1919 § 10432
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.470 - Immunity of witnesses to prosecution.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.470. Immunity of witnesses to prosecution. —
No person shall be excused from testifying or from producing any books or papers in any investigation or inquiry by or upon any hearing before the commission or any commissioner, when ordered to do so by the commission, upon the ground that the testimony or evidence, books or documents required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall under oath have testified or produced documentary evidence; provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended to give, or shall be construed as in any manner giving unto any corporation immunity of any kind.
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(RSMo 1939 § 5704)
Prior revisions: 1929 § 5248; 1919 § 10536
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.480 - Information not to be divulged — exception — penalty.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1977
386.480. Information not to be divulged — exception — penalty. —
No information furnished to the commission by a corporation, person or public utility, except such matters as are specifically required to be open to public inspection by the provisions of this chapter, or chapter 610, shall be open to public inspection or made public except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. The public counsel shall have full and complete access to public service commission files and records. Any officer or employee of the commission or the public counsel or any employee of the public counsel who, in violation of the provisions of this section, divulges any such information shall be guilty of a misdemeanor.
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(RSMo 1939 § 5699, A.L. 1977 H.B. 42 & 157)
Prior revisions: 1929 § 5243; 1919 § 10531
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.490 - Service and effect of orders.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 2011
386.490. Service and effect of orders. —
1. Every order of the commission shall be served upon every person or corporation to be affected thereby, either by personal delivery of a certified copy thereof, by electronic service, or by mailing a certified copy thereof, in a sealed package with postage prepaid, to the person to be affected thereby, or, in the case of a corporation, to any officer or agent thereof upon whom a summons may be served in accordance with the provisions of the code of civil procedure.
2. Every order or decision of the commission shall of its own force take effect and become operative thirty days after the service thereof, except as otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or abrogated by the commission, unless such order be unauthorized by this law or any other law or be in violation of a provision of the constitution of the state or of the United States.
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(RSMo 1939 § 5601, A.L. 2011 S.B. 48)
Prior revisions: 1929 § 5145; 1919 § 10434