Missouri Revised Statutes













Chapter 386

Public Service Commission

←386.380

Section 386.390.1

386.400→

August 28, 2015

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

386.390. 1. Complaint may be made by the commission of its own motion,

or by the public counsel or 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 corporation, person or public

utility, including any rule, regulation or charge heretofore established or

fixed by or for any corporation, person or public utility, in violation, or

claimed to be in violation, of any provision of law, or of any rule or order

or decision of the commission; provided, that no complaint shall be

entertained by the commission, except upon its own motion, as to the

reasonableness of any rates or charges of any gas, electrical, water, sewer,

or telephone corporation, unless the same be signed by the public counsel or

the mayor or the president or chairman of the board of aldermen or a majority

of the council, commission or other legislative body of any city, town,

village or county, within which the alleged violation occurred, or not less

than twenty-five consumers or purchasers, or prospective consumers or

purchasers, of such gas, electricity, water, sewer or telephone service.



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

commission the same rule shall apply with regard to the joinder of causes and

parties as herein provided.



3. The commission 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 commission shall cause a copy thereof to be served upon the

public utility, corporation or person complained of.



4. Service in all hearings, investigations and proceedings pending

before the commission 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.



5. The commission 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 commission shall

find that the public necessity requires that such hearing be held at an

earlier date.



(RSMo 1939 § 5686, A.L. 1967 p. 578, A.L. 1977 H.B. 42 &

157)



Prior revisions: 1929 § 5230; 1919 § 10518







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