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