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)

←622.310

Section 622.320.1

622.330→

August 28, 2015

Complaints made by division or other party--joinder of claims--dismissal of complaint--service of summons--hearing, time and place set.

622.320. 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.



(L. 1996 S.B. 780)







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