Effective - 01 Jul 2011
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.
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.