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.

Terms Used In Missouri Laws 622.320

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: includes a corporation, company, association, limited liability company, limited liability partnership and joint stock association or company. See Missouri Laws 622.100
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Division: the division of motor carrier and railroad safety within the department of economic development. See Missouri Laws 622.100
  • Division staff: all personnel of the division, except those individuals assigned to the administrative law judge section. See Missouri Laws 622.100
  • Person: includes an individual, corporation, governmental entity, and a firm or partnership. See Missouri Laws 622.100
  • Service: includes not only the use and accommodations afforded consumers or patrons, but also any product or commodity furnished by any corporation, person or carrier and the plant, equipment, apparatus, appliances, property and facilities employed by any corporation, person or carrier in performing any service or in furnishing any product or commodity and devoted to the public purposes of such corporation, person or carrier, and to the use and accommodation of consumers or patrons. See Missouri Laws 622.100
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • Summons: Another word for subpoena used by the criminal justice system.

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.

  Previous section
Next section  
 Chapter 622 Contents