reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.320 - Complaints made by division or other party — joinder of claims — dismissal of complaint — service of summons — hearing, time and place set.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.320. Complaints made by division or other party — joinder of claims — dismissal of complaint — service of summons — hearing, time and place set. —
1. Complaint may be made by the division of its own motion, or by any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization, or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any carrier, corporation or person, including any rule, regulation or charge established or fixed by or for any carrier, corporation or person in violation, or claimed to be in violation, of any provision of law, or of any rule or order or decision of the division.
2. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties, and in any review by the courts of orders or decisions of the division the same rule shall apply with regard to the joinder of causes and parties as provided in this section.
3. The division shall not be required to dismiss any complaint because of the absence of direct damage to the complainant. Upon the filing of a complaint, the division shall cause a copy thereof to be served upon the carrier, corporation or person which is the subject of the complaint.
4. Service in all hearings, investigations and proceedings pending before the division may be made upon any person upon whom summons may be served in accordance with the provisions of the code of civil procedure of this state, and may be made personally or by mailing in a sealed envelope with postage prepaid, except that the division or any of its employees in their official capacity may serve process and other notices in all cases before the division or in which the division staff is a party.
5. The division shall fix the time when and the place where a hearing will be had upon the complaint and shall serve notice thereof, not less than ten days before the time set for such hearing, unless the division shall find that the public necessity requires that such hearing be held at an earlier date.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.330 - Complaints by carriers or other parties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.330. Complaints by carriers or other parties. —
Any carrier, corporation or person may 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 division.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.340 - Intervention by a party, when, subpoena of witnesses — report of division's investigation depositions — extension of time for compliance with order — record of proceedings.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.340. Intervention by a party, when, subpoena of witnesses — report of division's investigation depositions — extension of time for compliance with order — record of proceedings. —
1. At the time fixed for any hearing before the division or an administrative law judge, or the time to which the same may have been continued, the complainant and the carrier, corporation or person which is the subject of the complaint, and such carriers, corporations and persons as the division may allow to intervene, shall be entitled to be heard and to introduce evidence. The division shall issue process to enforce the attendance of all necessary witnesses.
2. Whenever an investigation shall be made by the division, it shall be its duty, to make a report in writing in respect thereto, which shall state the conclusions of the division, together with its decision, order or requirement in the premises. The division or any administrative law judge or any party may, in any investigation or hearing before the division, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the circuit courts of this state and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers, memoranda and accounts. Witnesses whose depositions are taken as provided in this section and the officer taking the same shall severally be entitled to the same fees as are paid for like services in the circuit courts of this state.
3. If an order cannot, in the judgment of the division, be complied with within thirty days, the division may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may, on application and for good cause shown, extend the time for compliance fixed in its order.
4. A full and complete record shall be made of all proceedings before the division or any administrative law judge on any formal hearing had, and all testimony shall be taken down by a reporter appointed by the division, and the parties shall be entitled to be heard in person or by attorney. Preparation of a printed transcript may be waived by unanimous consent of all the parties.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.350 - Burden of proof in all proceedings.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 2004
622.350. Burden of proof in all proceedings. —
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 in this chapter to the state highways and transportation commission, the burden of proof shall be upon state highways and transportation commission. The state highways and transportation commission shall show by clear and satisfactory evidence that the determination, requirement, direction or order of the state highways and transportation commission is reasonable or lawful as the case may be.
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(L. 1996 S.B. 780, A.L. 2004 S.B. 1233, et al.)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.360 - Subpoenas, issuance, process, fees, costs — documents furnished to division, fee.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.360. Subpoenas, issuance, process, fees, costs — documents furnished to division, fee. —
1. All subpoenas shall be signed and issued by an administrative law judge or by the director of the division, and shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record or by any person of full age designated for that purpose by the division or by an administrative law judge. The person executing any such process shall receive the fees now prescribed by law for similar services in civil cases in the circuit courts in this state, and shall be paid in the same manner as provided herein for the payment of the fees of the witnesses. Each witness who shall appear before the division or an administrative law judge by order of the division or an administrative law judge shall receive for attendance the fees and mileage now provided for witnesses in civil cases in the circuit courts of this state, which shall be audited and paid by the state in the same manner as other expenses of the division are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the division.
2. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding before the division, the cost of service thereof and the fee of the witness shall be borne by the party at whose instance the witness is summoned. Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the division may, at the time of service, demand the fee to which the witness is entitled for travel to and from the place at which the witness is required to appear, and one day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, the witness shall not be required to attend before the division or an administrative law judge, as directed in the subpoena. No witness furnished with free transportation shall receive mileage for the distance such witness may have traveled on such free transportation.
3. It shall be the duty of every public officer, without exacting or receiving charge or fee of any kind, to furnish to the division, upon application, a certified copy of any document or part thereof, on file in the office of such officer, and no public officer shall be entitled to receive from the division or the public counsel any fee for entering, filing, docketing or recording any document required or authorized by law to be filed with the office of such officer.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.370 - Production of documents and records, ordered when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.370. Production of documents and records, ordered when. —
At the request of the division's general counsel and upon good cause shown by the counsel the division shall require or on its own initiative the division may require, by order served upon any corporation or person in the manner provided 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 or person 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 general counsel when the order is issued at the counsel's request or by the division or under its direction.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.380 - Failure to obey subpoena, produce documents, be examined or swear to deposition, penalty, misdemeanor.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.380. Failure to obey subpoena, produce documents, be examined or swear to deposition, penalty, misdemeanor. —
If a person subpoenaed to appear before the division or an administrative law judge fails to obey the command of such subpoena, without reasonable cause, or if a person in attendance upon the division or an administrative law judge 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 division or an administrative law judge, or to subscribe or swear to the person's deposition after it has been correctly produced in writing, such person 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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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.390 - Immunity for certain persons testifying or producing documents, when, exceptions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.390. Immunity for certain persons testifying or producing documents, when, exceptions. —
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 division or any administrative law judge, when ordered to do so by the division, upon the grounds that the testimony or evidence, books or documents required of the person may tend to incriminate such person or subject such person 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 the person shall have been examined while under oath, and shall under oath have testified or produced documentary evidence, except that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by the person in the person's testimony. Nothing contained in this section is intended to give, or shall be construed as in any manner giving unto any corporation immunity of any kind.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.400 - Information not open to public, when, penalty for disclosure, misdemeanor.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.400. Information not open to public, when, penalty for disclosure, misdemeanor. —
No information furnished to the division or the division staff by a carrier, corporation or person, except such matters as are specifically required to be open to public inspection by the provisions of this chapter, shall be open to public inspection or made public except on order of the division or by an administrative law judge in the course of a hearing or proceeding. Any officer or employee of the division who, in violation of the provisions of this section, divulges any such information shall be guilty of a misdemeanor.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.410 - Service of division's orders — notification of receipt of order — order effective, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
• Effective - 28 Aug 1996
622.410. Service of division's orders — notification of receipt of order — order effective, when. —
1. Every order of the division shall be served upon every person or corporation to be affected thereby, either by personal delivery of a certified copy thereof, 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. It shall be the duty of every person and corporation to immediately notify the division, in writing, of the receipt of the certified copy of every order so served, and in the case of a corporation such notification must be signed and acknowledged by a person or officer duly authorized by the corporation to admit such service. Within a time specified in the order of the division every person and corporation upon whom it is served must if so required in the order notify the division in like manner whether the terms of the order are accepted and will be obeyed.
3. Every order or decision of the division 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 division, 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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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.420 - Application for rehearing, when granted — application, contents — compliance with order — modification of order, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.420. Application for rehearing, when granted — application, contents — compliance with order — modification of order, when. —
1. After an order or decision has been made by the division, any carrier, corporation or person interested therein may apply for a rehearing in respect to any matter determined therein, and the division shall grant and hold such rehearing, if in its judgment sufficient reason therefor be made to appear. If a rehearing shall be granted the same shall be determined by the division within thirty days after the same shall be finally submitted.
2. No cause or action arising out of any order or decision of the division shall accrue in any court to any carrier, corporation or person unless that party shall have made, before the effective date of such order or decision, application to the division for a rehearing. Such application shall set forth specifically the ground or grounds on which the applicant considers said order or decision to be unlawful, unjust or unreasonable. The applicant shall not in any court urge or rely on any ground not so set forth in its application for rehearing.
3. An application for a rehearing shall not excuse any carrier, corporation or person from complying with or obeying any order or decision or any requirement of an order or decision of the division, or operate in any manner to stay or postpone the enforcement thereof except as the division may by order direct.
4. If, after a rehearing and a consideration of the facts, including those arising since the making of the order or decision, the division shall be of the opinion that the original order or decision or any part thereof is in any respect unjust or unwarranted, or should be changed, the division may abrogate, change or modify the same. An order made after any such rehearing, abrogating, changing or modifying the original order or decision shall have the same force and effect as an original order or decision but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.430 - Review by circuit court of order, procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
• Effective - 28 Aug 1996
622.430. Review by circuit court of order, procedure. —
Within thirty days after the application for a rehearing is denied, or, if the application is granted, then within thirty days after the rendition of the decision on rehearing, the applicant may apply to the circuit court of the county where the hearing was held or in which the division has its principal office for a writ of certiorari or review for the purpose of having the reasonableness or lawfulness of the original order or decision or the order or decision on rehearing inquired into or determined. The writ shall be made returnable not later than thirty days after the date of the issuance thereof, and shall direct the applicant to certify the division's record in the case to the court in conformity with any applicable court rules. On the return day the cause shall be heard by the circuit court, unless for a good cause shown the same be continued. No new or additional evidence may be introduced upon the hearing in the circuit court but the cause shall be heard by the court without the intervention of a jury on the evidence and exhibits introduced before the division and certified to by it. The division and each party to the action or proceeding before the division shall have the right to appear in the review proceedings. Upon the hearing the circuit court shall enter judgment either affirming or setting aside the order of the division under review. In case the order is reversed by reason of the division failing to receive testimony properly proffered, the court shall remand the cause to the division, with instructions to receive the testimony so proffered and rejected, and enter a new order based upon the evidence already taken, and such as it is directed to receive. The court may, in its discretion, remand any cause which is reversed by it to the division for further action. No court in this state, except the circuit courts to the extent herein specified and the supreme court or the court of appeals on appeal, shall have jurisdiction to review, reverse, correct or annul any order or decision of the division or to suspend or delay the executing or operation thereof, or to enjoin, restrain or interfere with the division in the performance of its official duties. The circuit courts of this state shall always be deemed open for the trial of suits brought to review the orders and decisions of the division as provided by law and the same shall be tried and determined as suits in equity.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.450 - Appellate review, procedure, record on appeal — docket placement, precedence — suspension of judgment pending hearing on appeal — applicable laws.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
• Effective - 28 Aug 1996
622.450. Appellate review, procedure, record on appeal — docket placement, precedence — suspension of judgment pending hearing on appeal — applicable laws. —
1. The division and any party who has participated in the division proceeding which produced the order or decision may, after the entry of judgment in the circuit court in any action in review, prosecute an appeal to a court having appellate jurisdiction in this state. Such appeal shall be prosecuted as appeals from judgment of the circuit court in civil cases except as otherwise provided in this chapter. The original transcript of the record and testimony and exhibits, certified to by the division and filed in the circuit court in any action to review an order or decision of the division, together with a transcript of the proceedings in the circuit court, shall constitute the record on appeal to the supreme court or any court of appeals.
2. Where an appeal is taken to the supreme court or the court of appeals, the cause shall, on the return of the papers to the supreme court or court of appeals, be immediately placed on the docket of the then pending term by the clerk of the court and shall be assigned and brought to a hearing in the same manner as other causes on the then pending term docket, but shall have precedence over all civil causes of a different nature pending in the court.
3. The circuit court may in its discretion suspend its judgment pending the hearing in the supreme court or court of appeals on appeal, upon the filing of a bond by the carrier, corporation or person with good and sufficient security conditioned as provided for bonds upon actions for review and by further complying with all terms and conditions of this law for the suspension of any order or decision of the division pending the hearing or review in the circuit court.
4. The general laws relating to appeals to the supreme court and the court of appeals in this state shall, so far as applicable and not in conflict with the provisions of this chapter, apply to appeals taken under the provisions of this chapter.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.460 - Effect of final orders of division.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.460. Effect of final orders of division. —
In all collateral actions or proceedings the orders and decisions of the division which have become final shall be conclusive, and shall be admissible as evidence of the facts found and the determination made by the division in all subsequent actions or proceedings to enforce the decision of the division, whether by penalty, forfeiture, mandamus, injunctive relief or otherwise.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.470 - Falsification or destruction of accounts or records or false statements to division, penalty, felony.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.470. Falsification or destruction of accounts or records or false statements to division, penalty, felony. —
Any person who shall willfully make any false entry in the accounts, books of account, records or memoranda kept by any carrier, corporation or person governed by the provisions of this chapter, or who shall willfully destroy, mutilate, alter or by any other means or device falsify the record of any such account, book of accounts, record or memoranda, or who shall willfully neglect or fail to make full, true and correct entries of such account, book of accounts, record or memoranda of all facts and transactions appertaining to the business of such carriers, corporations or persons, or who shall falsely make any statement required to be made to the division, for which a penalty has not been provided, shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars, or by imprisonment for not less than two years nor more than five years, or by both such fine and imprisonment, except that the division may, in its discretion, issue orders specifying such operating, accounting or financial papers, records, books, blanks, tickets, stubs or documents, of carriers which may after a reasonable time be destroyed, and prescribing the length of time such books, papers or documents shall be preserved.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.480 - Penalty for violating state law or an order of division — violations are separate and distinct offenses — carrier's liability for acts of officers and agents.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.480. Penalty for violating state law or an order of division — violations are separate and distinct offenses — carrier's liability for acts of officers and agents. —
1. Any carrier, corporation or person which violates or fails to comply with any provision of the Constitution of this State or of this or any other law, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the division in a case in which a penalty has not been provided for such carrier, corporation or person, is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each offense.
2. Every violation of the provisions of this or any other law or of any order, decision, decree, rule, direction, demand or requirement of the division, or any part or portion thereof, by any carrier, corporation or person is a separate and distinct offense, and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.
3. In construing and enforcing the provisions of this chapter relating to penalties, the act, omission or failure of any officer, agent or employee of any carrier, corporation or person, acting within the scope of official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such carrier, corporation or person.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.490 - Penalty for an officer or agent violating state law or an order of division, misdemeanor.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.490. Penalty for an officer or agent violating state law or an order of division, misdemeanor. —
Every officer, agent or employee of any carrier, corporation or person who violates or fails to comply with, or who procures, aids or abets any violation by any carrier, corporation or person of any provision of the Constitution of this State or of this or any other law, or who fails to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the division, or who procures, aids or abets any carrier, corporation or person in their or its failure to obey, observe and comply with any such order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, in a case in which a penalty has not been provided for such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.500 - Penalties are cumulative.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.500. Penalties are cumulative. —
All penalties accruing under this chapter shall be cumulative of each other, and the suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any original prosecution against any carrier, corporation or person, or any officer, director, agent or employee thereof.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.510 - Actions to recover penalties, forfeiture or to enforce division's powers, where brought, procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.510. Actions to recover penalties, forfeiture or to enforce division's powers, where brought, procedure. —
An action to recover a penalty or a forfeiture under this chapter or to enforce the powers of the division under this or any other law may be brought in any circuit court in this state in the name of the state of Missouri and shall be commenced and prosecuted to final judgment by the general counsel to the division. No filing or docket fee shall be required of the general counsel. In any such action all penalties and forfeitures incurred up to the time of commencing the same may be sued for and recovered therein, and the commencement of an action to recover a penalty or forfeiture shall not be, or be held to be, a waiver of the right to recover any other penalty or forfeiture; if the defendant in such action shall prove that during any portion of the time for which it is sought to recover penalties or forfeitures for a violation of an order or decision of the division the defendant was actually and in good faith prosecuting a suit to review such order or decision in the manner as provided in this chapter, the court shall remit the penalties or forfeitures incurred during the pendency of such proceeding. All moneys recovered as a penalty or forfeiture shall be paid to the public school fund of the state. Any such action may be compromised or discontinued on application of the division upon such terms as the court shall approve and order.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.520 - Substantial compliance, effect on rules and regulations of division, construction.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.520. Substantial compliance, effect on rules and regulations of division, construction. —
A substantial compliance with the requirements of this chapter shall be sufficient to give effect to all the rules, orders, acts and regulations of the division, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. The provisions of this chapter shall be liberally construed with a view to the public welfare, efficient transportation services and substantial justice between patrons and carriers.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.530 - Liability for unlawful acts.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.530. Liability for unlawful acts. —
In case a common carrier shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by this chapter or by any order or decision of the division, such common carrier shall be liable to the persons or corporations affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery, if the court shall find that such act or omission was willful, it may in its discretion fix a reasonable counsel or attorney's fee, which fee shall be taxed and collected as part of the costs in the case. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any such person or corporation.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.540 - Exemption from liability of a carrier by contract or regulation.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.540. Exemption from liability of a carrier by contract or regulation. —
That no contract, receipt, rule, notice or regulation shall exempt any railway company, or corporation, express company or corporation or any other company, corporation or common carrier, engaged in the transportation of persons or property, from the liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule, notice or regulation been made or entered into.
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(L. 1996 S.B. 780)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.550 - Enforcement powers of peace officers and division enforcement personnel, exceptions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
Effective - 28 Aug 1996
622.550. Enforcement powers of peace officers and division enforcement personnel, exceptions. —
Subject to any exceptions which are applicable under section 307.400 or subsection 6 of section 390.063, the officers and commercial motor vehicle inspectors of the state highway patrol, the enforcement personnel of the division of motor carrier and railroad safety, and other authorized peace officers of this state and any civil subdivision of this state, may enforce any of the provisions of Parts 350 through 399 of Title 49, Code of Federal Regulations, as those regulations have been and may periodically be amended, as they apply to motor vehicles and drivers operating in interstate or intrastate commerce within this state; except that the enforcement personnel of the division of motor carrier and railroad safety shall be authorized to enforce those regulations only within the terminals of motor carriers and private carriers by motor vehicle.
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(L. 1996 S.B. 780 § 12)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.600 - Definitions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
• Effective - 28 Aug 1996
622.600. Definitions. —
1. As used in sections 622.600 to 622.620, the following terms mean:
(1)
"Division"
, the division of transportation within the department of economic development of this state, which, after June 30, 1997, is known as the "division of motor carrier and railroad safety";
(2)
"Household goods"
, personal effects and property used or to be used in a dwelling when part of the equipment or supplies of such dwelling and similar property, if the transportation of such effects or property, is either arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling, or arranged and paid for by another party. The term "household goods" shall not include personal property which when tendered to a motor carrier is crated or otherwise packaged to make it suitable for transportation by motor carriers of general commodities, freight or property;
(3)
"Property carrier registration"
, a document issued by the division pursuant to sections 622.600 to 622.620 which identifies a person as a registered property carrier and qualifies that person to engage in the transportation by motor vehicle of property except household goods for hire or compensation in intrastate commerce on the public highways in this state;
(4)
"Registered property carrier"
, a person who is entitled pursuant to subdivision (3) of this subsection to engage in the transportation by motor vehicle of property, except household goods, for hire or compensation in intrastate commerce on the public highways in this state. This term is included within the term "common carrier" as defined in section 390.020.
2. Notwithstanding any provisions of section 390.020, or this chapter, to the contrary, the provisions of this section which define words shall also apply to and determine the meaning of all words used in chapter 390 and this chapter. Except as otherwise provided in this section, or when the context clearly requires otherwise, the provisions of section 390.020 and this chapter, which define words shall also apply to and determine the meaning of words used in sections 622.600 to 622.620.
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(L. 1996 S.B. 780 § 1)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.602 - Application of sections 622.600 to 622.620.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
• Effective - 28 Aug 1996
622.602. Application of sections 622.600 to 622.620. —
1. The division shall neither enforce any law nor make or enforce any rule or order relating to the prices, routes or services of registered property carriers or of common carriers or contract carriers of property for hire or compensation by motor vehicle in intrastate commerce on the public highways in this state, except with reference to the transportation of household goods or passengers or as expressly authorized in sections 622.600 to 622.620.
2. Except as preempted by section 601 of the Federal Aviation Administration Authorization Act of 1994, the powers, duties and functions of the division with reference to motor vehicles or common carriers pursuant to the provisions of chapters 386, 387, 390 and this chapter, that are not inconsistent with the provisions of sections 622.600 to 622.620, are hereby made applicable to the division with reference to registered property carriers, including the division's power to enforce only within terminals the rules and regulations promulgated by the director of the department of public safety pursuant to section 307.400, as they apply to motor vehicles.
3. The provisions of sections 390.051, 390.061, 390.062, 390.081, and 390.111 shall not apply to the transportation of property in intrastate commerce, except with reference to household goods as defined in section 622.600.
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(L. 1996 S.B. 780 § 2)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.604 - Registration required, when, exceptions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
• Effective - 28 Aug 1996
622.604. Registration required, when, exceptions. —
Except as otherwise provided in section 390.030, no person shall engage in the business of transporting property, except household goods, by motor vehicle for hire or compensation in intrastate commerce on any public highway in this state, unless there is in force with respect to that person a property carrier registration issued by the division pursuant to the provisions of sections 622.600 to 622.620, which authorizes such transportation.
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(L. 1996 S.B. 780 § 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.606 - Certificates or permits issued before 1995, effect — procedure — transport of hazardous materials.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
• Effective - 28 Aug 1996
622.606. Certificates or permits issued before 1995, effect — procedure — transport of hazardous materials. —
1. Certificates or permits, or both, which were issued before January 1, 1995, and which authorized a person to transport any property in intrastate commerce by motor vehicle as a common carrier or contract carrier, or both, are void, except that to the extent such certificates or permits, or portions thereof, authorized a person to transport household goods over irregular routes or passengers in intrastate commerce, or any property or passengers in interstate commerce, those certificates or permits, or portions thereof, are exempt from the provisions of this subsection.
2. Persons who owned certificates or permits, or both, that were in active status with the division on December 31, 1994, and persons to whom the division issued certificates and permits after December 31, 1994, pursuant to emergency rules adopted by the division, are deemed to be qualified as registered property carriers, unless the person's certificate or permit has been suspended, revoked or transferred to another person as provided by law. A person deemed qualified pursuant to this subsection is not required to file an application pursuant to section 622.608 to continue providing intrastate transportation as a registered property carrier, but rather, upon such person's compliance with the licensing and insurance requirements of the division the person is deemed to have a property carrier registration in force as required pursuant to section 622.604, authorizing the person to transport property except household goods in intrastate commerce on the public highways, unless the person's property carrier registration is suspended, revoked or transferred to another person as provided by law. Within a reasonable time after August 28, 1996, the division shall issue property carrier registrations to all persons who are deemed to be qualified as registered property carriers and deemed to have property carrier registrations in force pursuant to this subsection.
3. Notwithstanding any provision of this section to the contrary, this section shall not be construed as authorizing any person to transport any hazardous material as designated in Title 49, Code of Federal Regulations, except hazardous materials which that person was expressly authorized to transport in intrastate commerce within this state on August 28, 1996. A person may file an application for property carrier registration pursuant to section 622.608 to transport additional hazardous materials. Nothing in this section shall be construed to conflict with chapter 260 or of relieving an applicant of any duty to obtain a license pursuant to chapter 260.
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(L. 1996 S.B. 780 § 4)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.610 - Transfer of property carrier registration, permitted, when — restrictions on transport of hazardous material.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
• Effective - 28 Aug 1996
622.610. Transfer of property carrier registration, permitted, when — restrictions on transport of hazardous material. —
1. A property carrier registration, including any certificate or permit, or both, which pursuant to section 622.606 is deemed to identify a registered property carrier, may be transferred in its entirety by the registered property carrier to whom it was issued, but only if the transfer is approved by the division as provided in this section. The division shall approve the transfer of the property carrier registration if the following requirements are met:
(1) The transfer application is joined in by both the registered property carrier or its authorized representative and the proposed transferee or its authorized representative;
(2) The transfer application is filed in the form and manner prescribed by rule of the division; and
(3) The division finds that the transferee is in all respects qualified as required of an applicant for a new property carrier registration pursuant to section 622.608.
2. Upon approval of the transfer of a property carrier registration pursuant to subsection 1 of this section, the division shall transfer the property carrier registration in its entirety, except that the division shall restrict the transferee's property carrier registration against the transportation of any hazardous material formerly authorized under the property carrier registration if the division finds that the transferee has not shown it is qualified to safely transport that hazardous material in compliance with all registration, liability insurance and safety requirements applicable to the transportation of that hazardous material pursuant to Title 49, Code of Federal Regulations. The transferee may file a separate application for property carrier registration pursuant to section 622.608 to transport additional hazardous materials.
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(L. 1996 S.B. 780 § 6)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 622 - Motor Carrier and Railroad Safety › Section 622.612 - Suspension, revocation or amendment of registration — grounds, notice, effective when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 622
• Effective - 28 Aug 1996
622.612. Suspension, revocation or amendment of registration — grounds, notice, effective when. —
Notwithstanding any provisions of section 390.106 to the contrary, the division at any time, for good cause, may suspend a certificate, permit or property carrier registration, and after hearing upon at least ten days' notice to the person to whom the division has issued the certificate, permit or property carrier registration authorizing any intrastate transportation of passengers or property by motor vehicle, may revoke, alter or amend any such certificate, permit or property carrier registration upon a finding that the person has failed to comply with any applicable provisions of sections 622.600 to 622.620, or chapter 386, 387 or 389 or this chapter, or any safety rules, regulations or orders which may be enforced by the division. Revocation of a certificate, permit or property carrier registration shall not become effective less than thirty days after issuance of an order of revocation by the division.
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(L. 1996 S.B. 780 § 7)