Missouri Revised Statutes













Chapter 622

Division of Motor Carrier and Railroad Safety (Division Abolished 2002, Duties Transferred to Department of Transportation, See Section 226.008)

←622.430

Section 622.440.1

622.450→

August 28, 2015

Circuit court's staying or suspending operation of division's order, when, procedure--court's order to pay certain sums into trust during stay or suspension of division's order--order to keep accounts--additional security ordered, when--payment of sums deposited in trust.

622.440. 1. The pendency of a writ of review shall not of itself stay or

suspend the operation of the order or decision of the division, but during

the pendency of such writ, the circuit court in its discretion may stay or

suspend, in whole or in part, the operation of the division's order or

decision. No order so staying or suspending an order or decision of the

division shall be made by any circuit court otherwise than on three days'

notice and after hearing, and if the order or decision of the division is

suspended the same shall contain a specific finding based upon evidence

submitted to the court and identified by reference thereto, that great or

irreparable damage would otherwise result to the petitioner and specifying

the nature of the damage. In case the order or decision of the division is

stayed or suspended, the order or judgment of the court shall not become

effective until a suspending bond shall first have been executed and filed

with, and approved by, the circuit court, payable to the state of Missouri,

and sufficient in amount and security to secure the prompt payment, by the

party petitioning for the review, of all damages caused by the delay in the

enforcement of the order or decision of the division, and in cases involving

rates for the transportation of passengers or household goods by motor

vehicle, the prompt payment of all moneys which any person or corporation may

be compelled to pay, pending the review proceedings, for transportation,

transmission, product, commodity or service in excess of the charges fixed by

the order or decision of the division, in case such order or decision is

sustained.



2. The circuit court, in case it stays or suspends the order or decision

of the division in any manner affecting rates, fares, tolls, rentals, charges

or classifications, shall also by order direct the carrier, corporation or

person affected to pay into court, from time to time, there to be impounded

until the final decision of the case, or into some bank or trust company

paying interest on deposits, under such conditions as the court may prescribe,

all sums of money which it may collect from any carrier, corporation or

person in excess of the sum such carrier, corporation or person would have

been compelled to pay if the order or decision of the division had not been

stayed or suspended.



3. In case any circuit court stays or suspends any order or decision of

the division lowering any rate, fare, toll, rental, charge or classification,

in cases involving rates for the transportation of passengers or household

goods by motor vehicle, upon the execution and approval of such suspending

bond, shall forthwith require the corporation or person affected, under

penalty of the immediate enforcement of the order or decision of the division,

pending the review and notwithstanding the suspending order, to keep such

accounts, verified by oath, as may, in the judgment of the court, suffice to

show the amounts being charged or received by such carrier, corporation or

person, pending the review, in excess of the charges allowed by the order or

decision of the division, together with the names and addresses of the

carriers, corporations and persons to whom overcharges will be refundable in

case the charges made by the carrier, corporation or person, pending the

review, be not sustained by the circuit court, except that street railroad

corporations shall not be required to keep a record of the names and

addresses of such persons paying such overcharge of fares, but such street

railroad corporations shall give to such persons printed receipts showing such

overcharges of fares, the form of such printed receipts to be approved by the

division.



4. The court may, from time to time, require a party petitioning for a

review to give additional security on, or to increase, the suspending bond,

whenever in the opinion of the court the same may be necessary to secure the

prompt payment of damages or overcharges.



5. Upon the decision of the circuit court, all moneys which the carrier,

corporation or person may have collected pending the appeal, in excess of

those authorized by such decision, together with interest, in case the court

ordered the deposit of such moneys in a bank or trust company, shall be

promptly paid to the carriers, corporations or persons entitled thereto, in

such manner and through such methods of distribution as may be prescribed by

the court, unless an appeal be granted such carrier, corporation or person, as

provided in this section.



(L. 1996 S.B. 780)







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