390.062. Procedure for obtaining certificates, permits and rate relief--motion to intervene, when, content--ruling final, when--time extension. - Missouri Statutes

Procedure for obtaining certificates, permits and rate relief--motionto intervene, when, content--ruling final, when--time extension.

390.062. 1. The division, upon the filing of an applicationfor a certificate under subsection 4 of section 390.051, a permitunder subsection 4 of section 390.061, or the institution of aproceeding involving rate relief, except as provided in section390.081, shall cause notice thereof to be published and served bythe mailing of a notice register showing the name and address ofthe party filing the pleading, the name and address of theattorney, the division's docket number and a concise statement ofthe issues contained therein. Any interested party may obtain acopy of the pleading upon request to the director of thedivision.

2. Within fifteen days of the publication of an application,or other proceeding, any interested party may file a motion tointervene specifically setting forth its interest therein,including a statement of its authority, and that it is providingservice thereunder.

3. If the proceeding is unopposed, the division may, in itsdiscretion, take evidence by verified statement, and withouthearing or other proceedings issue its final order.

4. If the proceeding is opposed, the division shall assignthe matter for hearing to be held no later than forty-five daysafter filing unless an applicant requests or consents to acontinuance, or in the alternative, may require the parties toadduce the evidence by verified statement and assign the matterfor hearing to resolve factual conflicts.

5. The division shall issue its final order granting ordenying the relief sought in whole or in part within ninety daysafter the submission of final arguments or else stand approved.

6. In the event the division shall designate an applicationas one of a complex nature requiring a substantial record, thedivision may, upon making such written finding, extend the periodof time for issuing a decision an additional thirty days.

(L. 1986 H.B. 1428)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008