☰ Revisor of Missouri


Chapter 386

< > Effective - 28 Aug 2012, 3 histories, see footnote (history) bottom

  386.510.  Review by appellate court. — With respect to commission orders or decisions issued on and after July 1, 2011, within thirty days after the application for a rehearing is denied, or, if the application is granted, then within thirty days after the rendition of the decision on rehearing, the applicant may file a notice of appeal with the commission, which shall also be served on the parties to the commission proceeding in accordance with section 386.515, and which the commission shall forward to the appellate court with the territorial jurisdiction over the county where the hearing was held or in which the commission has its principal office for the purpose of having the reasonableness or lawfulness of the original order or decision or the order or decision on rehearing inquired into or determined.  Except with respect to a stay or suspension pursuant to subsection 1 of section 386.520, no new or additional evidence may be introduced in the appellate court but the cause shall be heard by the court without the intervention of a jury on the evidence and exhibits introduced before the commission and certified to by it.  The notice of appeal shall include the appellant's application for rehearing, a copy of the reconciliation required by subsection 4 of section 386.420, a concise statement of the issues being appealed, a full and complete list of the parties to the commission proceeding, and any other information specified by the rules of the court.  Unless otherwise ordered by the court of appeals, the commission shall, within thirty days of the filing of the notice of appeal, certify its record in the case to the court of appeals.  The commission and each party to the action or proceeding before the commission shall have the right to intervene and participate fully in the review proceedings.  Upon the submission of the case to the court of appeals, the court of appeals shall render its opinion either affirming or setting aside, in whole or in part, the order or decision of the commission under review.  In case the order or decision is reversed by reason of the commission failing to receive testimony properly proffered, the court shall remand the cause to the commission, with instructions to receive the testimony so proffered and rejected, and enter a new order or render a new decision based upon the evidence theretofore taken, and such as it is directed to receive.  The court may, in its discretion, remand any cause which is reversed by it to the commission for further action.  No court in this state, except the supreme court or the court of appeals, shall have jurisdiction or authority to review, reverse, correct or annul any order or decision of the commission or to suspend or delay the executing or operation thereof, or to enjoin, restrain or interfere with the commission in the performance of its official duties.  The appellate courts of this state shall always be deemed open for the trial of suits brought to review the orders and decisions of the commission as provided in the public service commission law and the same shall where necessary be tried and determined as suits in equity.


(RSMo 1939 § 5690, A.L. 1961 p. 413, A.L. 1973 S.B. 263, A.L. 2011 S.B. 48, A.L. 2012 S.B. 628)

Prior revisions: 1929 § 5234; 1919 § 10522

(1960) On second appeal from orders of commission refusing authority to discontinue operation of two local passenger trains where facts were substantially the same as on prior appeal, the prior opinion that order was unreasonable and arbitrary was the law of the case. State ex rel. C.R.I. & P. Ry.  Co. v. Public Service Commission (Mo.), 335 S.W.2d 182.

(1962) Order of commission requiring telephone company to construct at a cost of more than $300,000, two exchanges to furnish nontoll dial service to serve area outside its certificated franchise area was unreasonable as unsupported by substantial evidence with respect to company's ability to finance the project. State ex rel. Bolivar Telephone Co. v. Public Service Commission (Mo.), 357 S.W.2d 96.

(1963) County residents who had sufficient interest to institute one proceeding before public service commission to require one telephone company to provide service in area and to intervene in consolidated proceedings by two other contesting telephone companies seeking authority to serve the disputed area, had right to judicial review of commission's final orders in the consolidated proceedings. State ex rel. Summers v. Public Service Commission (A.), 366 S.W.2d 738.

(1973) Held no jurisdiction in circuit court to enjoin utility from collecting rate set by commission when court was not "of the county where the hearing was held or in which the commission has its principal office." State ex rel. Spanish Lake Service, Inc. v. Luten (A.), 500 S.W.2d 46.

(1974) Held that order prohibiting all gas and electric companies from soliciting business by making cash payments and other inducement was an "original order or decision" and this section provides exclusive method of review. Union Electric Co. v. Clark (Mo.), 511 S.W.2d 822.

(2000) Circuit court lacks jurisdiction to review interlocutory orders of Public Service Commission denying motions to dismiss.  State ex rel. Riverside Pipeline Co., L.P. v. Public Service Commission of State of Missouri, 26 S.W.3d 396 (Mo.App.W.D.).

(2001) Section does not require notice of petition for review to interested parties and thus violates constitutional right of due process.  In re Osage Water Company, 51 S.W.3d 58 (Mo.App.W.D.).

(2005) Section does not authorize the circuit court to issue a writ of prohibition against the Public Service Commission.  State v. Director of Manufactured Housing, 168 S.W.3d 680 (Mo.App.W.D.).

---- end of effective  28 Aug 2012 ----

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386.510 8/28/2019
386.510 8/28/2012 8/28/2019
386.510 7/1/2011 8/28/2012

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