Effective - 28 Aug 1977
386.200. Conflicts of interest by commissioner or employees of commission prohibited — penalty for violation — violation by utility, penalty — violation by officer of utility, penalty. — 1. Every commissioner, the public counsel and every person employed or appointed to office, either by the commission or by the public counsel, is hereby forbidden and prohibited to solicit, suggest, request or recommend, directly or indirectly, to any public utility, corporation or person subject to the supervision of the commission, or to any officer, attorney, agent or employee thereof, the appointment of any person to any office, place, position or employment. And every such public utility, corporation and person, and every officer, attorney, agent and employee thereof, is hereby forbidden and prohibited to offer to any commissioner, the public counsel, or to any person employed by the commission or by the public counsel, any office, place, appointment or position, or to offer or give to any commissioner, to the public counsel, or to any person employed or appointed to office by the commission or by the public counsel, any free pass or transportation or any reduction in fare to which the public generally are not entitled or free carriage for property or any present, gift, entertainment or gratuity of any kind.
2. If any commissioner, the public counsel, or any person employed or appointed to office by the commission or the public counsel, shall violate any provision of this section he shall be removed from the office held by him. Every commissioner, the public counsel, and every person employed or appointed to office by the commission, or by the public counsel, shall be and be deemed to be a public officer.
3. If any public utility violates any provision of this section, it shall be liable to the state of Missouri in a civil action in any court of competent jurisdiction for the assessment of a civil penalty not to exceed twenty thousand dollars. The penalty provided in this subsection shall be in addition to any other penalty provided for violation of the provisions of this chapter. The attorney general shall bring the action authorized in this subsection. The action may be brought in any county where the defendant public utility's principal place of business is located or where the violation occurred, or where the public utility's registered agent is located. The penalty assessed under the provisions of this subsection shall be paid into the state treasury to the credit of general revenue.
4. Any officer, agent or employee of any public utility who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished 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 § 5593, A.L. 1977 H.B. 42 & 157)
Prior revisions: 1929 § 5137; 1919 § 10426
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 386 - Public Service Commission
Section 386.010 - Short title of law.
Section 386.020 - Definitions.
Section 386.030 - Chapter not applicable to interstate commerce.
Section 386.040 - Commission established.
Section 386.050 - Appointment of commissioners — qualifications — tenure.
Section 386.060 - Removal of commissioners.
Section 386.071 - General counsel authorized, qualifications, duties.
Section 386.090 - Secretary to the commission — duties.
Section 386.110 - Oath of office — eligibility of commissioners and officers.
Section 386.125 - Public service commission, rulemaking authority.
Section 386.130 - Organization of commission — quorum — powers of a commissioner.
Section 386.140 - Chairman — his powers.
Section 386.145 - Records destroyed, when.
Section 386.160 - Payment of salaries and expenses.
Section 386.170 - Publications commission, powers.
Section 386.180 - Duties of publications commission.
Section 386.230 - Act as arbitrators.
Section 386.240 - Powers of commission, how exercised.
Section 386.250 - Jurisdiction of commission.
Section 386.260 - Commission to fix units of service.
Section 386.270 - All orders prima facie lawful and reasonable.
Section 386.280 - Orders to be written — recording — effect — utility office, where kept.
Section 386.290 - Certified copies of papers filed to be evidence.
Section 386.300 - Fees authorized — deposited, where, how.
Section 386.320 - General supervision of telegraph and telephone corporations.
Section 386.380 - Reports of commission.
Section 386.400 - Utilities, corporations and persons may file complaint.
Section 386.430 - Burden of proof on adverse party.
Section 386.450 - Inspection of out of state records.
Section 386.460 - Refusal to attend or produce books or papers, guilty of misdemeanor — penalty.
Section 386.470 - Immunity of witnesses to prosecution.
Section 386.480 - Information not to be divulged — exception — penalty.
Section 386.490 - Service and effect of orders.
Section 386.500 - Rehearing before commission.
Section 386.510 - Review by appellate court.
Section 386.515 - Rehearing, procedure.
Section 386.520 - Appeal, pendency of, staying or suspending operation, when.
Section 386.530 - Priority over other civil cases in court actions granted.
Section 386.550 - Orders to be conclusive.
Section 386.560 - Mishandling records — false statements — penalty — order provisions.
Section 386.570 - Violation of orders — penalty — act of employee declared act of public utility.
Section 386.580 - Employee of public utility guilty of misdemeanor, when.
Section 386.590 - Penalties cumulative.
Section 386.600 - Actions to recover penalties or forfeitures.
Section 386.610 - Substantial compliance with requirements of this chapter sufficient.
Section 386.700 - Public counsel authorized — qualifications — compensation, how fixed.
Section 386.710 - Powers of public counsel.
Section 386.754 - Definitions.
Section 386.756 - Utilities prohibited from engaging in HVAC services, exceptions, penalty.
Section 386.762 - Authority of public service commission.