Missouri Revised Statutes
Chapter 386 - Public Service Commission
Section 386.600 - Actions to recover penalties or forfeitures.

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.

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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.