386.420. Persons entitled to be heard--commission to make report, when--depositions authorized--may enforce attendance at hearings--record of proceedings to be kept. - Missouri Statutes

Persons entitled to be heard--commission to make report,when--depositions authorized--may enforce attendance athearings--record of proceedings to be kept.

386.420. 1. At the time fixed for any hearing before the commission ora commissioner, or the time to which the same may have been continued, thecomplainant, the public counsel and the corporation, person or public utilitycomplained of, and such corporations and persons as the commission may allowto intervene, shall be entitled to be heard and to introduce evidence. Thecommission shall issue process to enforce the attendance of all necessarywitnesses.

2. Whenever an investigation shall be made by the commission, it shallbe its duty, to make a report in writing in respect thereto, which shall statethe conclusions of the commission, together with its decision, order orrequirement in the premises. The commission or any commissioner or any partymay, in any investigation or hearing before the commission, cause thedeposition of witnesses residing within or without the state to be taken inthe manner prescribed by law for like depositions in civil actions in thecircuit courts of this state and to that end may compel the attendance ofwitnesses and the production of books, waybills, documents, papers, memorandaand accounts. Witnesses whose depositions are taken as provided in thissection and the officer taking the same shall severally be entitled to thesame fees as are paid for like services in the circuit courts of this state.

3. If an order cannot, in the judgment of the commission, be compliedwith within thirty days, the commission may grant and prescribe suchadditional time as in its judgment is reasonably necessary to comply with theorder, and may, on application and for good cause shown, extend the time forcompliance fixed in its order.

4. A full and complete record shall be made of all proceedings beforethe commission or any commissioner on any formal hearing had, and alltestimony shall be taken down by a reporter appointed by the commission, andthe parties shall be entitled to be heard in person or by attorney.Preparation of a printed transcript may be waived by unanimous consent of allthe parties. In case of an action to review any order or decision of thecommission, a transcript of such testimony, together with all exhibits orcopies thereof introduced and all information secured by the commission on itsown initiative and considered by it in rendering its order or decision, and ofthe pleadings, record and proceedings in the cause, shall constitute therecord of the commission; provided, that on review of an order or decision ofthe commission, the petitioner and the commission may stipulate that a certainquestion or questions alone and a specified portion only of the evidence shallbe certified to the circuit court for its judgment, whereupon such stipulationand the question or questions and the evidence therein specified shallconstitute the record on review.

(RSMo 1939 § 5688, A.L. 1977 H.B. 42 & 157, A.L. 1978 H.B. 1634, A.L. 1990 H.B. 1315)

Prior revisions: 1929 § 5232; 1919 § 10520

Effective 7-10-90

CROSS REFERENCE:

Administrative procedure and review, Chap. 536, RSMo

(1960) Commission did not abuse its discretion in denying application of water user and protestant against allowance of water rate increase to be made a party to the proceedings since he had no interest in the case different from that of the general public. Smith v. Public Service Commission of Missouri (Mo.), 336 S.W.2d 491.