reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.500 - Rehearing before commission.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1977
386.500. Rehearing before commission. —
1. After an order or decision has been made by the commission, the public counsel or any corporation or person or public utility interested therein shall have the right to apply for a rehearing in respect to any matter determined therein, and the commission 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 commission within thirty days after the same shall be finally submitted.
2. No cause or action arising out of any order or decision of the commission shall accrue in any court to any corporation or the public counsel or person or public utility unless that party shall have made, before the effective date of such order or decision, application to the commission 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 corporation or person or public utility from complying with or obeying any order or decision or any requirement of an order or decision of the commission, or operate in any manner to stay or postpone the enforcement thereof except as the commission 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 commission 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 commission 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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(RSMo 1939 § 5689, A.L. 1977 H.B. 42 & 157)
Prior revisions: 1929 § 5233; 1919 § 10521
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.515 - Rehearing, procedure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 2019, 3 histories
386.515. Rehearing, procedure. —
With respect to commission orders or decisions issued on and after July 1, 2011, an application for rehearing is required to be served on all parties and is a prerequisite to the filing of an appeal under section 386.510. The application for rehearing puts the parties to the proceeding before the commission on notice that an appeal can follow and any such review under the appeal may proceed provided that a copy of the notice of appeal is served on said parties. With respect to commission orders or decisions issued on and after July 1, 2011, the review procedure provided for in section 386.510 continues to be exclusive except that a copy of the notice of appeal required by section 386.510 shall be served on the commission and each party to the proceeding before the commission by the appellant according to the rules established by the court in which the appeal is filed.
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(L. 2001 S.B. 267, A.L. 2011 S.B. 48, A.L. 2019 H.B. 192 merged with H.B. 355)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.530 - Priority over other civil cases in court actions granted.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 01 Jul 2011, see footnote
386.530. Priority over other civil cases in court actions granted. —
All actions or proceedings under this or any other chapter, and all actions and proceedings commenced or prosecuted by order of the commission, and all actions and proceedings to which the commission, the public counsel or the state may be parties, and in which any question arises under this or any other chapter, or under or concerning any order or decision or action of the commission, shall be preferred over all other civil causes except election contests in all the appellate courts of the state of Missouri, and shall be heard and determined in preference to all other civil business pending therein except election contests, irrespective of position on the calendar. The same preference shall be granted upon application of the public counsel or the commission counsel in any action or proceeding in which either or both may be allowed to intervene.
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(RSMo 1939 § 5692, A.L. 1977 H.B. 42 & 157, A.L. 2011 S.B. 48)
Prior revisions: 1929 § 5236; 1919 § 10524
Effective 7-01-11
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.540 - Appeals from appellate court — transcript and exhibits — precedence over other civil cases.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 01 Jul 2011, see footnote
386.540. Appeals from appellate court — transcript and exhibits — precedence over other civil cases. —
1. The commission and any party, including the public counsel, who has participated in the court of appeals proceeding and is aggrieved by the opinion of the court may seek rehearing or transfer to the Missouri supreme court under rules established by the court. The original transcript of the record and testimony and exhibits, certified to by the commission and filed with the court of appeals shall constitute the record on appeal to the supreme court.
2. Where an appeal is taken to the supreme court, the cause shall, on the return of the papers to the supreme court, 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 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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(RSMo 1939 § 5693, A.L. 1973 S.B. 263, A.L. 1977 H.B. 42 & 157, A.L. 2011 S.B. 48)
Prior revisions: 1929 § 5237; 1919 § 10525
Effective 7-01-11
(1967) Provisions requiring filing of cost bond within ten days of rendition of judgment in circuit court on review of decision of public service commission are for the protection of the commission, and are directory, not mandatory. State v. Public Service Commission of Missouri (A.), 414 S.W.2d 322.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.550 - Orders to be conclusive.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1939
386.550. Orders to be conclusive. —
In all collateral actions or proceedings the orders and decisions of the commission which have become final shall be conclusive.
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(RSMo 1939 § 5694)
Prior revisions: 1929 § 5238; 1919 § 10526
(1955) Public service commission had power to require city of third class to pay part of costs of installations at street crossings and its order could not be questioned in action by railroad against city to recover such part. Wabash R. Co. v. City of Wellston (Mo.), 379 S.W.2d 208.
(1964) Ruling of court limiting the authority granted water company by prior order of public service commission to area described in county franchise did not constitute collateral attack on the order in violation of this section since it in no way questions validity of the order but acknowledged its validity. State ex rel. Public Water Supply District No. 2 of Jackson County v. Burton (Mo.), 379 S.W.2d 593.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.560 - Mishandling records — false statements — penalty — order provisions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.560. Mishandling records — false statements — penalty — order provisions. —
Any person who shall willfully make any false entry in the accounts, books of account, records or memoranda kept by any corporation, person or public utility 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 corporations, persons or public utilities, or who shall falsely make any statement required to be made to the public service commission, in which a penalty has not heretofore been provided for, 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; provided, that the commission 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; and provided further, that such orders shall be in harmony with those of the Interstate Commerce Commission.
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(RSMo 1939 § 5708)
Prior revisions: 1929 § 5252; 1919 § 10539
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.570 - Violation of orders — penalty — act of employee declared act of public utility.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1939
386.570. Violation of orders — penalty — act of employee declared act of public utility. —
1. Any corporation, person or public utility 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 commission in a case in which a penalty has not herein been provided for such corporation, person or public utility, 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 commission, or any part or portion thereof, by any corporation or person or public utility 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 corporation, person or public utility, acting within the scope of his official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such corporation, person or public utility.
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(RSMo 1939 § 5710)
Prior revisions: 1929 § 5254; 1919 § 10541
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.580 - Employee of public utility guilty of misdemeanor, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1939
386.580. Employee of public utility guilty of misdemeanor, when. —
Every officer, agent or employee of any corporation or public utility, who violates or fails to comply with, or who procures, aids or abets any violation by any corporation, person or public utility 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 commission, or who procures, aids or abets any corporation, person or public utility 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 herein 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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(RSMo 1939 § 5711)
Prior revisions: 1929 § 5255; 1919 § 10542
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.590 - Penalties cumulative.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.590. Penalties 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 corporation, person or public utility, or any officer, director, agent or employee thereof.
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(RSMo 1939 § 5709)
Prior revisions: 1929 § 5253; 1919 § 10540
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.600 - Actions to recover penalties or forfeitures.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1977
386.600. Actions to recover penalties or forfeitures. —
An action to recover a penalty or a forfeiture under this chapter or to enforce the powers of the commission 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 commission. 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 commission 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 commission upon such terms as the court shall approve and order.
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(RSMo 1939 § 5685, A.L. 1977 H.B. 42 & 157)
Prior revisions: 1929 § 5229; 1919 § 10517
(1964) The venue of actions to recover penalties or forfeitures, when instituted by summons, is determined by the provisions of section 501.010, RSMo. State v. Thompson (A.), 379 S.W.2d 824.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.610 - Substantial compliance with requirements of this chapter sufficient.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 1939
386.610. Substantial compliance with requirements of this chapter sufficient. —
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 commission, 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 facilities and substantial justice between patrons and public utilities.
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(RSMo 1939 § 5707)
Prior revisions: 1929 § 5251; 1919 § 10538
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.700 - Public counsel authorized — qualifications — compensation, how fixed.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1977
386.700. Public counsel authorized — qualifications — compensation, how fixed. —
The director of the department of economic development shall appoint a public counsel to serve at the pleasure of the director of the department. The public counsel shall be an attorney at law licensed to practice law in this state and whose salary shall be fixed by the department director within the appropriation made therefor.
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(L. 1977 H.B. 42 & 157)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.710 - Powers of public counsel.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1977
386.710. Powers of public counsel. —
1. The public counsel shall have the following powers and duties:
(1) He shall employ a staff or hire on a contract basis such employees and experts as are necessary to carry out the purposes and responsibilities of his office, and shall set their compensation within the appropriation made for that purpose;
(2) He may represent and protect the interests of the public in any proceeding before or appeal from the public service commission;
(3) He shall have discretion to represent or refrain from representing the public in any proceeding. He shall consider in exercising his discretion the importance and the extent of the public interest involved and whether that interest would be adequately represented without the action of his office. If the public counsel determines that there are conflicting public interests involved in a particular matter, he may choose to represent one such interest based upon the considerations of this section, to represent no interest in that matter, or to represent one interest and certify to the director of the department of economic development that there is a significant public interest which he cannot represent without creating a conflict of interest and which will not be protected by any party to the proceeding. The director of the department shall select an attorney, to be paid from funds appropriated for this purpose, to represent that segment of the public certified to him by the public counsel as unrepresented. Nothing in this section shall be construed to limit the right of any person, firm or corporation specified in subsection 1 of section 386.390 to petition or make complaint to the commission or otherwise intervene in proceedings or other matters before the commission.
2. The public counsel shall be served with all proposed tariffs, initial pleadings, and applications, in all proceedings before the public service commission, and shall be served with a copy of all orders of the commission.
3. Nothing in sections 386.071, 386.150, 386.155, 386.170, 386.200, 386.330, 386.360, 386.390, 386.400, 386.410, 386.420, 386.440, 386.450, 386.480, 386.500, 386.530, 386.540, 386.600, 386.700 and 386.710, shall be construed or interpreted to mean that the public counsel shall not have the right to appeal any and all orders of the public service commission to the courts which right of appeal exists and has existed since the time of transfer as provided in section 386.500.
4. He shall have all powers necessary or proper to carry out the duties specified in this section.
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(L. 1977 H.B. 42 & 157)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.754 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1998
386.754. Definitions. —
For the purposes of sections 386.754 to 386.764, the following terms mean:
(1)
"Affiliate"
, any entity not regulated by the public service commission which is owned, controlled by or under common control with a utility and is engaged in HVAC services;
(2)
"HVAC services"
, the warranty, sale, lease, rental, installation, construction, modernization, retrofit, maintenance or repair of heating, ventilating and air conditioning equipment;
(3)
"Utility"
, an electrical corporation, gas corporation or heating company, as defined in section 386.020;
(4)
"Utility contractor"
, a person, including an individual, corporation, firm, incorporated or unincorporated association or other business or legal entity, that contracts, whether in writing or not in writing, with a utility to engage in or assist any entity in engaging in HVAC services, but does not include employees of a utility.
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(L. 1998 H.B. 1038)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.760 - Public service commission to administer and ensure compliance — promulgation of rules.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1998
386.760. Public service commission to administer and ensure compliance — promulgation of rules. —
1. The public service commission shall have full authority to administer and ensure compliance with sections 386.754 to 386.764, provided that the commission shall not impose, by rule or otherwise, requirements regarding HVAC services that are inconsistent with or in addition to those set forth in sections 386.754 to 386.764 or with requirements set forth in section 386.315.
2. No rule or portion of a rule promulgated pursuant to the provisions of sections 386.754 to 386.764 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.
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(L. 1998 H.B. 1038)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.762 - Authority of public service commission.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1998
386.762. Authority of public service commission. —
The public service commission shall have authority to:
(1) Review, inspect and audit books, accounts and other records kept by a utility or affiliate for the sole purpose of ensuring compliance with sections 386.754 to 386.764 and make findings available to the commission; and
(2) Investigate the operations of a utility or affiliate and their relationship to each other for the sole purpose of ensuring compliance with sections 386.754 to 386.764.
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(L. 1998 H.B. 1038)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.764 - Construction of certain statutes.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
• Effective - 28 Aug 1998
386.764. Construction of certain statutes. —
Nothing in sections 386.754 to 386.764 shall be construed as modifying existing legal standards regarding which party has the burden of proof in commission proceedings.
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(L. 1998 H.B. 1038)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 386 - Public Service Commission › Section 386.805 - Electric vehicle charging station considered an addition or expansion of existing structure, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 386
Effective - 28 Aug 2019
386.805. Electric vehicle charging station considered an addition or expansion of existing structure, when. —
For purposes of sections 91.025, 386.800, 393.106, 394.080, and 394.315 only, when municipally owned electric utilities or rural electric cooperatives are lawfully providing electric service to a structure outside of their respective service area boundaries, an electric vehicle charging station reasonably proximate to such structure served by such municipally owned electric utility or rural electric cooperative shall be considered a contiguous or adjacent addition to or an expansion of an existing structure.
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(L. 2019 H.B. 355)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.010 - Application of chapter.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 1996
387.010. Application of chapter. —
The provisions of this chapter shall apply to the transportation of passengers or household goods from one point to another within this state, and to any motor carrier, as defined in section 390.020, performing such service. The provisions of this chapter shall not apply to railroad corporations or street railroad corporations, except to the extent they engage in business as motor carriers of passengers or household goods.
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(RSMo 1939 § 5602, A.L. 1996 S.B. 780)
Prior revisions: 1929 § 5146; 1919 § 10435
CROSS REFERENCE:
Public service commission, powers and duties as to common carriers, 386.320
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.020 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 1996
387.020. Definitions. —
The provisions of sections 390.020 and 622.100 defining words, phrases and terms shall apply to and determine the meaning of all such words, phrases or terms as used in sections 387.010 to 387.340.
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(1949 H.B. 2100 § 387.02, A.L. 1996 S.B. 780)
CROSS REFERENCE:
Definitions applicable to this chapter, 622.100
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.030 - Motor carrier shall furnish safe and adequate service — unreasonable charges prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 1996
387.030. Motor carrier shall furnish safe and adequate service — unreasonable charges prohibited. —
Every corporation, person or motor carrier performing a service designated in section 387.010 shall furnish, with respect thereto, such service and facilities as shall be safe and adequate and in all respects just and reasonable. All charges made or demanded by any such corporation, person or motor carrier for the transportation of passengers or household goods or for any service rendered or to be rendered in connection therewith, as defined in section 386.020, shall be just and reasonable and not more than allowed by law or by order or decision of the division of motor carrier and railroad safety and made as authorized by this chapter. Every unjust or unreasonable charge made or demanded for any such service or transportation of passengers or household goods or in connection therewith or in excess of that allowed by law or by order or decision of the division is prohibited.
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(RSMo 1939 § 5603, A.L. 1996 S.B. 780)
Prior revisions: 1929 § 5147; 1919 § 10436
CROSS REFERENCES:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
Railroad carriers may operate aerial or motor vehicle service, 388.260, 388.270
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.040 - Transportation prohibited until schedule of rates and fares is filed and published — exception, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 2012, 2 histories
387.040. Transportation prohibited until schedule of rates and fares is filed and published — exception, when. —
1. No motor carrier subject to the provisions of this chapter shall engage or participate in the transportation of passengers, between points within this state, until its schedules of rates, fares and charges shall have been filed with the state highways and transportation commission and published in accordance with the provisions of this chapter. Any motor carrier, which shall undertake to perform any service or furnish any product or commodity unless or until the rates, tolls, fares, charges, classifications and rules and regulations relating thereto, applicable to such service, product or commodity, have been filed with the highways and transportation commission and published in accordance with the provisions of this chapter, shall be subject to forfeiture to the state pursuant to the provisions of sections 390.156 to 390.176.
2. Notwithstanding any provision of this chapter or chapter 390 to the contrary, a motor carrier transporting household goods in intrastate commerce shall not be required to file its schedule of rates, fares, and charges with the state highways and transportation commission. In lieu of filing its schedules of rates, fares, charges, rules, or tolls with the state highways and transportation commission, a motor carrier transporting household goods in intrastate commerce shall maintain and publish its schedules of rates, fares, charges, rules, and tolls in every station or office as described in subsection 3 of section 387.050 and such rates shall be available for inspection by the state highways and transportation commission, shippers, and the public upon request. Any motor carrier transporting household goods in intrastate commerce that fails to comply with the provisions of this subsection shall be subject to forfeiture to the state pursuant to the provisions of sections 390.156 to 390.176.
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(RSMo 1939 § 5611, A. 1949 H.B. 2100, A.L. 1996 S.B. 780, A.L. 2009 H.B. 683, A.L. 2012 H.B. 1402 merged with S.B. 470)
Prior revisions: 1929 § 5155; 1919 § 10444
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.070 - Changes in schedule — notice required.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 1996
387.070. Changes in schedule — notice required. —
Unless the division of motor carrier and railroad safety otherwise orders, no change shall be made in any rate, fare or charge, or joint rate, fare or charge, which shall have been filed and published by a motor carrier in compliance with the requirements of this chapter except after thirty days' notice to the division and publication for thirty days as required by this chapter, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rate, fare or charge will go into effect and all proposed changes shall be shown by printing, filing and publishing new schedules or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. The division, for good cause shown, may allow changes in rates without requiring the thirty days' notice and publication herein provided for, by duly filing and publishing in such manner as it may direct an order specifying the change so made and the time when it shall take effect; all such changes shall be immediately indicated upon its schedules by the motor carrier.
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(RSMo 1939 § 5607, A.L. 1996 S.B. 780)
Prior revisions: 1929 § 5151; 1919 § 10440
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.075 - Rate schedules for transportation of certain household goods — application and filing procedures.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 2007
387.075. Rate schedules for transportation of certain household goods — application and filing procedures. —
1. Notwithstanding any provision of chapter 390, chapter 622, or this chapter to the contrary, any common carrier that is authorized to transport household goods by a certificate issued under section 390.051 may file one or more applications to the state highways and transportation commission for approval of rate schedules, applicable to that carrier's intrastate transportation of household goods, that authorize periodic rate adjustments outside of general rate proceedings to reflect increases and decreases in the carrier's prudently incurred costs of providing transportation of property by motor vehicle. The filing of applications by common carriers under this section shall be authorized upon the same terms and conditions as provided in section 386.266 with reference to the filing of applications to the public service commission by an electrical, gas, or water corporation. These applications shall be made in such form, and shall contain such information, as the state highways and transportation commission reasonably may require.
2. Notwithstanding any provision of chapter 390, chapter 622, or this chapter to the contrary, the state highways and transportation commission shall consider and determine every application filed under subsection 1 of this section, upon the same terms and conditions as provided in section 386.266, with reference to the public service commission's consideration and determination of applications by an electrical, gas, or water corporation under that section.
3. In proceedings under this section, common carriers and the state highways and transportation commission shall be governed by the statutes and rules of practice and procedure that are applicable in motor carrier proceedings under this chapter and chapters 390 and 622, except to the extent they are inconsistent with the requirements of this section. The statutes and rules that generally govern public service commission proceedings relating to electrical, gas, and water corporations shall not apply in proceedings under this section.
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(L. 2007 H.B. 28 merged with S.B. 30)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.080 - Concurrence in joint tariffs — contracts, agreements or arrangements between any carriers — prohibition for household goods.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 2012
387.080. Concurrence in joint tariffs — contracts, agreements or arrangements between any carriers — prohibition for household goods. —
1. The names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the state highways and transportation commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the state highways and transportation commission; and where such evidence of concurrence or acceptance is filed, it shall not be necessary for the carriers filing the same also to file copies of the tariffs in which they are named as parties. The provisions of this subsection shall not apply to motor carriers of household goods. Carriers of household goods participating in through routes or interline service shall publish joint tariffs and evidence of concurrence or acceptance thereof or individual tariffs for each participating carrier in accordance with sections 387.040 and 387.050.
2. Every motor carrier shall file with the state highways and transportation commission sworn copies of every contract, agreement or arrangement with any other motor carrier or motor carriers relating in any way to the transportation of passengers.
3. Motor carriers of household goods are prohibited from participation in any joint tariff pursuant to the provisions of this chapter, except that this subsection shall not prohibit joint tariffs relating to joint rates for household goods transportation over any through routes or by interline service performed by two or more separate motor carriers.
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(RSMo 1939 § 5608, A.L. 1996 S.B. 780, A.L. 2012 H.B. 1402 merged with S.B. 470)
Prior revisions: 1929 § 5152; 1919 § 10441
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.100 - Rates to be charged as fixed — unjust discrimination prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 1996
387.100. Rates to be charged as fixed — unjust discrimination prohibited. —
1. No motor carrier shall charge, demand, collect or receive a greater or less or different compensation for transportation of passengers or household goods, or for any service in connection therewith, than the rates, fares and charges applicable to such transportation as specified in its schedules filed and in effect at the time.
2. No motor carrier shall, directly or indirectly, by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person or corporation a greater or less or different compensation for any service rendered or to be rendered in the transportation of passengers or household goods, except as authorized in this chapter, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service in the transportation of a like kind of traffic under the same or substantially similar circumstances and conditions.
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(RSMo 1939 §§ 5609, 5611, A. 1949 H.B. 2100, A.L. 1996 S.B. 780)
Prior revisions: 1929 §§ 5153, 5155; 1919 §§ 10442, 10444
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.110 - Preference to locality or particular traffic, prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 2012
387.110. Preference to locality or particular traffic, prohibited. —
No motor carrier shall make or give any undue or unreasonable preference or advantage to any person or corporation or to any locality or to any particular description of traffic in any respect whatsoever, or subject any particular person or corporation or locality or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
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(RSMo 1939 § 5610, A.L. 1985 H.B. 159, A.L. 1996 S.B. 780, A.L. 2012 H.B. 1402 merged with S.B. 470)
Prior revisions: 1929 § 5154; 1919 § 10443
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.120 - Free passes and reduced rates prohibited except to certain persons.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 1996
387.120. Free passes and reduced rates prohibited except to certain persons. —
No motor carrier of passengers or household goods shall directly or indirectly issue or give any free ticket, free pass or free transportation for any passenger or household goods between points in this state, except that, in accordance with the requirements of this chapter, and unless prohibited by order of the division, a motor carrier may provide in its lawful tariff schedules for the transportation of passengers or household goods free of charge, or at discounted or reduced rates to, from or for the account of the following:
(1) Any charitable institution or organization which is duly organized and registered with the office of the Missouri secretary of state as a religious or charitable association pursuant to chapter 352, or as a general not-for-profit corporation pursuant to chapter 355, or any nonprofit, charitable institution or organization organized or registered pursuant to the laws of any state or the United States;
(2) Any employee, officer or director of the motor carrier, or any relative within the second degree of consanguinity or affinity of any employee, officer or director of the motor carrier;
(3) Any location or person while transporting passengers or household goods for the exclusive purpose of providing relief in case of any general emergency or disaster.
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(RSMo 1939 § 5611, A. 1949 H.B. 2100, A.L. 1996 S.B. 780)
Prior revisions: 1929 § 5155; 1919 § 10444
CROSS REFERENCES:
Dogs, guide, service or hearing assistance, when entitled to accompany trainer without extra charge, 209.152
Service dog, admitted to public conveyances, when, 209.150
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.130 - Granting or attempting to grant reduced rates prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 1996
387.130. Granting or attempting to grant reduced rates prohibited. —
No motor carrier or any officer or agent thereof or any person acting for or employed by it, shall assist, suffer or permit any person or corporation to obtain transportation for any passenger or household goods between points within this state at less than the rates then established and in force in accordance with the schedules filed and published in accordance with the provisions of this chapter, by means of false billing, false classification, false weight or weighing, or false report of weight, or by any other device or means. No person, corporation, or any officer, agent or employee of a corporation, who shall deliver household goods for transportation within this state to a motor carrier, shall seek to obtain or obtain such transportation for such household goods at less than the rates then established and in force therefor, as aforesaid, by false billing, false or incorrect classification, false weight or weighing, false representation of the contents of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of the motor carrier, or any of its officers, agents or employees.
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(RSMo 1939 § 5612, A.L. 1996 S.B. 780)
Prior revisions: 1929 § 5156; 1919 § 10445
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.137 - Household goods transportation in intrastate commerce, commission to establish consumer protection requirements.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 2012
387.137. Household goods transportation in intrastate commerce, commission to establish consumer protection requirements. —
The state highways and transportation commission shall establish consumer protection requirements for motor carriers transporting household goods in intrastate commerce and establish a system for filing, logging, and responding to consumer complaints.
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(L. 2012 H.B. 1402 merged with S.B. 470)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 387 - Motor Carriers Generally › Section 387.139 - Movement of household goods in intrastate commerce, complaints — information file to be kept, contents, form — rulemaking authority.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 387
• Effective - 28 Aug 2012
387.139. Movement of household goods in intrastate commerce, complaints — information file to be kept, contents, form — rulemaking authority. —
1. The division of motor carrier services shall keep an information file about each complaint filed with it regarding the movement of household goods in intrastate commerce. The division of motor carrier services' information file shall be kept current and contain a record for each complaint of:
(1) All persons contacted in relation to the complaint;
(2) A summary of findings in response to the complaint;
(3) An explanation of the reason for a complaint that is dismissed; and
(4) Any other relevant information.
2. If a written complaint is filed with the division that is within the division's jurisdiction, the division, at least as frequently as quarterly and until final disposition of the complaint, shall notify the complainant of the status of the complaint unless the notice would jeopardize an ongoing investigation.
3. The state highways and transportation commission shall adopt by rule a form to standardize information concerning complaints made to the division of motor carrier services
*
regarding the transportation of household goods. The commission shall prescribe by rule information to be provided to a person when the person files a complaint with the division of motor carrier services.
4. The state highways and transportation commission shall promulgate rules and regulations for the implementation and administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section 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 August 28, 2012, shall be invalid and void.
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(L. 2012 H.B. 1402 merged with S.B. 470)
*Words "motor carriers" appear in original rolls of S.B. 470, 2012.