Effective - 28 Aug 1996
622.320. Complaints made by division or other party — joinder of claims — dismissal of complaint — service of summons — hearing, time and place set. — 1. Complaint may be made by the division of its own motion, or by any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization, or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any carrier, corporation or person, including any rule, regulation or charge established or fixed by or for any carrier, corporation or person in violation, or claimed to be in violation, of any provision of law, or of any rule or order or decision of the division.
2. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties, and in any review by the courts of orders or decisions of the division the same rule shall apply with regard to the joinder of causes and parties as provided in this section.
3. The division shall not be required to dismiss any complaint because of the absence of direct damage to the complainant. Upon the filing of a complaint, the division shall cause a copy thereof to be served upon the carrier, corporation or person which is the subject of the complaint.
4. Service in all hearings, investigations and proceedings pending before the division may be made upon any person upon whom summons may be served in accordance with the provisions of the code of civil procedure of this state, and may be made personally or by mailing in a sealed envelope with postage prepaid, except that the division or any of its employees in their official capacity may serve process and other notices in all cases before the division or in which the division staff is a party.
5. The division shall fix the time when and the place where a hearing will be had upon the complaint and shall serve notice thereof, not less than ten days before the time set for such hearing, unless the division shall find that the public necessity requires that such hearing be held at an earlier date.
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(L. 1996 S.B. 780)
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 622 - Motor Carrier and Railroad Safety
Section 622.027 - Rules, procedure.
Section 622.090 - Powers and duties of division of motor carrier and railroad safety.
Section 622.100 - Definitions.
Section 622.110 - Application of law to foreign and interstate commerce.
Section 622.115 - Record disposal, when.
Section 622.120 - Administrative law judges and employees, oath, eligibility for office.
Section 622.130 - Prohibition against solicitation and gifts — penalties for violation, misdemeanor.
Section 622.160 - Arbitration by division.
Section 622.170 - Delegation of authority.
Section 622.190 - Division's authority to establish system of accounts — access to accounts.
Section 622.220 - Copies of official documents evidence of originals, when.
Section 622.230 - Fees and charges, collected when.
Section 622.310 - Division documents, public records, when — hearings on pending legislation, when.
Section 622.330 - Complaints by carriers or other parties.
Section 622.350 - Burden of proof in all proceedings.
Section 622.360 - Subpoenas, issuance, process, fees, costs — documents furnished to division, fee.
Section 622.370 - Production of documents and records, ordered when.
Section 622.390 - Immunity for certain persons testifying or producing documents, when, exceptions.
Section 622.400 - Information not open to public, when, penalty for disclosure, misdemeanor.
Section 622.430 - Review by circuit court of order, procedure.
Section 622.460 - Effect of final orders of division.
Section 622.500 - Penalties are cumulative.
Section 622.520 - Substantial compliance, effect on rules and regulations of division, construction.
Section 622.530 - Liability for unlawful acts.
Section 622.540 - Exemption from liability of a carrier by contract or regulation.
Section 622.600 - Definitions.
Section 622.602 - Application of sections 622.600 to 622.620.
Section 622.604 - Registration required, when, exceptions.
Section 622.617 - Records not open to public — penalty for divulging confidential information.