1. At the time fixed for any hearing before the division or an administrative law judge, or the time to which the same may have been continued, the complainant and the carrier, corporation or person which is the subject of the complaint, and such carriers, corporations and persons as the division may allow to intervene, shall be entitled to be heard and to introduce evidence. The division shall issue process to enforce the attendance of all necessary witnesses.

2. Whenever an investigation shall be made by the division, it shall be its duty, to make a report in writing in respect thereto, which shall state the conclusions of the division, together with its decision, order or requirement in the premises. The division or any administrative law judge or any party may, in any investigation or hearing before the division, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the circuit courts of this state and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers, memoranda and accounts. Witnesses whose depositions are taken as provided in this section and the officer taking the same shall severally be entitled to the same fees as are paid for like services in the circuit courts of this state.

Terms Used In Missouri Laws 622.340

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Division: the division of motor carrier and railroad safety within the department of economic development. See Missouri Laws 622.100
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes an individual, corporation, governmental entity, and a firm or partnership. See Missouri Laws 622.100
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

3. If an order cannot, in the judgment of the division, be complied with within thirty days, the division may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may, on application and for good cause shown, extend the time for compliance fixed in its order.

4. A full and complete record shall be made of all proceedings before the division or any administrative law judge on any formal hearing had, and all testimony shall be taken down by a reporter appointed by the division, and the parties shall be entitled to be heard in person or by attorney. Preparation of a printed transcript may be waived by unanimous consent of all the parties.