Missouri Revised Statutes
Chapter 386 - Public Service Commission
Section 386.440 - Subpoenas, how issued — witness fees, how paid — subpoena service costs, how paid — certified copies of public records to be furnished to commission.

Effective - 28 Aug 1977
386.440. Subpoenas, how issued — witness fees, how paid — subpoena service costs, how paid — certified copies of public records to be furnished to commission. — 1. All subpoenas shall be signed and issued by a commissioner or by the secretary of the commission, 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 commission or by a commissioner. 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 commission or a commissioner by its or his order, shall receive for his 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 commission are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the commission.
2. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party, except the public counsel to any proceeding before the commission, 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 commission may, at the time of service, demand the fee to which he is entitled for travel to and from the place at which he 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, he shall not be required to attend before the commission or commissioner, as directed in the subpoena. No witness furnished with free transportation shall receive mileage for the distance he 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 commission, or the public counsel, upon application, a certified copy of any document or part thereof, on file in his office, and no public officer shall be entitled to receive from the commission or the public counsel any fee for entering, filing, docketing or recording any document required or authorized by law to be filed in his office.
4. Each witness who appears under subpoena before the commission or a commissioner at the instance of the public counsel shall receive for his 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 public counsel are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the public counsel.
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(RSMo 1939 § 5598, A.L. 1977 H.B. 42 & 157)
Prior revisions: 1929 § 5142; 1919 § 10431

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Structure Missouri Revised Statutes

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 386.120 - Office of commission, hours — meetings — official seal — equipment, supplies — commissioners to reside where — service upon commission, what constitutes, how made.

Section 386.125 - Public service commission, rulemaking authority.

Section 386.130 - Organization of commission — quorum — powers of a commissioner.

Section 386.135 - Independent technical staff for commission authorized, qualifications — personal advisors permitted — corresponding elimination of positions required — duties of technical staff.

Section 386.140 - Chairman — his powers.

Section 386.145 - Records destroyed, when.

Section 386.150 - Commissioner's compensation — other employees' compensation, how fixed — reimbursement of expenses, when.

Section 386.160 - Payment of salaries and expenses.

Section 386.170 - Publications commission, powers.

Section 386.180 - Duties of publications commission.

Section 386.190 - Member of publications commission, compensation — report to governor on certain federal actions, when — compensation for extra duties.

Section 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.

Section 386.210 - Conferences, limitation on communications — cooperative agreements, investigations authorized — funds may be received and distributed, how — regulatory and judicial proceedings, intervening permitted.

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 386.266 - Rate schedules for interim energy charges or periodic rate adjustment — application for approval, procedure — adjustment mechanisms — rulemaking authority — task force to be appointed — surveillance monitoring, requirements.

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 386.310 - Safety and health of public and employees — promulgation of rules — territorial rights, rules.

Section 386.315 - Commission shall not change terms of employment subject to collective bargaining or certain accounting standards — use of accounting standard by utility, requirements — tariff filing allowed, conditions — examination of tariffs, rev...

Section 386.320 - General supervision of telegraph and telephone corporations.

Section 386.330 - Investigatory power of commission, exception, telephone yellow page listings — complaint by public, how made — final order to be made, when.

Section 386.360 - Commission to investigate mandamus or injunctive actions, when — hearings, when held — parties, when joined — form of final judgment.

Section 386.370 - Estimate of expenses — assessments against utilities — public service commission fund — statement on gross intrastate operating revenues.

Section 386.371 - Taxes and costs paid by public utility on reclassification of personal property to real property, recoverable in service rates, when — commission's duties.

Section 386.380 - Reports of commission.

Section 386.390 - Complaint, who may make — procedure to hear — service of process, how had — time and place of hearing, how fixed.

Section 386.400 - Utilities, corporations and persons may file complaint.

Section 386.410 - Commission to adopt rules of procedure, technical rules of evidence not to apply — proceedings to be informal.

Section 386.420 - Persons entitled to be heard — commission to make report, when — depositions authorized — may enforce attendance at hearings — record of proceedings to be kept — detailed reconciliation required, when.

Section 386.430 - Burden of proof on adverse party.

Section 386.440 - Subpoenas, how issued — witness fees, how paid — subpoena service costs, how paid — certified copies of public records to be furnished to commission.

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 386.540 - Appeals from appellate court — transcript and exhibits — precedence over other civil cases.

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 386.572 - Natural gas safety standards, gas plants not to violate — maximum penalties for violations, how determined.

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 386.760 - Public service commission to administer and ensure compliance — promulgation of rules.

Section 386.762 - Authority of public service commission.

Section 386.764 - Construction of certain statutes.

Section 386.800 - Municipally owned electrical supplier, services outside boundaries prohibited, exceptions — annexation — negotiations, territorial agreements, regulations, procedure — fair and reasonable compensation defined — assignment of sole se...

Section 386.805 - Electric vehicle charging station considered an addition or expansion of existing structure, when.

Section 386.885 - Task force on distributed energy resources and net metering established — members — report — meetings — study — expiration.

Section 386.890 - Citation of law — definitions — retail electric suppliers, duties — metering equipment requirements — electrical energy generation units, calculation, requirements — report — rules — liability for damages.

Section 386.895 - Voluntary program authorized — definitions — rules — filing, contents — automatic rate adjustment, when — report, contents — rulemaking authority — sunset provision.