Section 622.320

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 622

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)