Missouri Statute | Act | Code |Additional Executive Departments| US Code - US Statute | Chapter 622 Division Of Motor Carrier And Railroad Safety

A "Division of Motor Carrier and Railroad Safety" is hereby
established within the department of economic development. The division
shall be headed by a director, nominated by the department director and
appointed by the governor with the advice and consent of the senate. The
director shall be the chief administrative officer of the division. (L.
1985 S.B. 2 § 1 subsec. 1, A.L. 1996 S.B. 780)

*This section was enacted by both H.B. 991 and S.B. 780 during the 2nd
Regular Session of the 88th General Assembly, 1996. Due to possible
conflict, both versions are printed here.

A "Transportation Division" is hereby established within the
department of economic development. Effective on July 1, 1997, the name
"Transportation Division" shall be changed to the "Division of Motor
Carrier and Railroad Safety". The division shall be headed by a director,
nominated by the department director and appointed by the governor with
the advice and consent of the senate. The director shall be the chief
administrative officer of the division. (L. 1985 S.B. 2 § 1 subsec. 1,
A.L. 1996 H.B. 991)

*This section was enacted by both H.B. 991 and S.B. 780 during the 2nd
Regular Session of the 88th General Assembly, 1996. Due to possible
conflict, both versions are printed here.

The division shall be organized so as to assume all regulatory
and supervisory powers, duties and functions heretofore performed by the
public service commission relating to transportation activities within
the state. All the powers, duties and functions of the public service
commission relating to such activities are hereby transferred to this
division by type II transfer as set forth in the reorganization act of
1974. Assessments made for the expenses of railroad regulation, as
required by law, shall be paid into the "Railroad Expense Fund", a
special fund which is hereby established in the state treasury. The fund
shall be applicable to appropriation of the general assembly and shall be
devoted solely to the payment of expenditures incurred by the division
and attributable to the regulation of railroads. Any amount remaining in
the special fund at the end of any fiscal year shall not revert to the
general revenue fund. All powers, duties and functions of the public
service commission relating to common carriers generally, chapter 387,
RSMo, railroad corporations, chapters 388 and 389, RSMo, motor carriers
and express companies, chapter 390, RSMo, street railroads, chapter 391,
RSMo, and other statutes relevant to transportation activities are
transferred to the motor carrier and railroad safety division of the
department of economic development and that division is the successor to
the public service commission for the purposes of those chapters. Except
as otherwise provided herein, the provisions of chapter 386, RSMo, that
relate to the powers and duties of the public service commission and the
procedure before the public service commission and the courts are hereby
made applicable to the motor carrier and railroad safety division.
Definitions contained in those chapters shall continue and shall be
applied by the motor carrier and railroad safety division as they have
been applied prior to July 1, 1985, until changed by law. Wherever the
word "commission" is used, the word "division" shall be substituted
therefor. Wherever the word "commissioner" is used, the words
"administrative law judge" shall be substituted therefor. (L. 1985 S.B. 2
§ 1 subsec. 2)

Effective 7-1-85

CROSS REFERENCE: Powers and duties of the public service commission now
transferred to the division of motor carrier and railroad safety, RSMo
386.320

1. Three administrative law judges shall also be appointed for
the division. They shall be nominated by the department director and
appointed by the governor with the advice and consent of the senate. Each
shall be appointed for a term of six years, except of those first
appointed, one shall be appointed for a term of four years, and one for a
term of two years. Each shall be an attorney-at-law admitted to practice
before the supreme court of Missouri, and while serving in this capacity
as an administrative law judge shall not otherwise practice law during
his term of office. Not more than two of the administrative law judges
shall be members of the same political party.

2. Administrative law judges shall be compensated at the same rate as
administrative hearing commissioners are compensated, and they shall be
reimbursed for actual and necessary expenses incurred in the performance
of their duties. (L. 1985 S.B. 2 § 2)

Effective 7-1-85

CROSS REFERENCE:

Administrative law judges of division transferred to administrative
hearing commission, RSMo 226.008

The division director with the approval of the department
director shall make all rules necessary to perform the duties and
responsibilities assigned to the division. The administrative law judges,
acting together, shall make all necessary rules required to establish
procedures of practice before them. All rules by the division director or
the administrative law judges shall be made in accordance with the
provisions of this section and chapter 536, RSMo. No rule or portion of a
rule promulgated under the authority of this chapter shall become
effective unless it has been promulgated pursuant to the provisions of
section 536.024, RSMo. (L. 1985 S.B. 2 § 3, A.L. 1993 S.B. 52, A.L. 1995
S.B. 3)

1. The administrative law judges shall assume all the duties
concerning transportation activities heretofore imposed upon the
commissioners of the public service commission in their quasi-judicial
capacity and function. All ministerial duties shall be performed by the
division, and the administrative law judges shall not be responsible for
those activities. The administrative law judges shall hear and decide all
matters concerning transportation activities which the public service
commission or public service commissioners would have been required to
hear and decide in a quasi-judicial capacity.

2. Each administrative law judge may exercise all powers granted to the
division without the concurrence of any other administrative law judge,
except with respect to the rulemaking powers, in which all administrative
law judges must concur. The method of assignment of petitions, appeals or
other cases may be determined by rule or other agreement between the
administrative law judges. Except as provided in section 622.035, all
hearings before the administrative law judges shall be governed by rules
adopted by them. In all investigations, inquiries or hearings before the
division or the administrative law judges, neither the administrative law
judges nor the division shall be bound by technical rules of evidence. No
formality in any proceeding nor in the manner of taking testimony before
the division or an administrative law judge shall invalidate any order,
decision, rule or regulation made, approved or confirmed by the division
or administrative law judge.

3. The division may charge a reasonable docket fee as may be set by rule
to be paid upon the filing of any petition, application, complaint, or
other request for relief or authority by any party other than the
division staff. All such docket fees shall be paid to the state director
of revenue at the time of the filing of any such petition, application,
complaint or other request for relief or authority, and the same shall be
deposited by the state director of revenue in the highway fund of the
state of Missouri. (L. 1985 S.B. 2 § 4)

Effective 7-1-85

CROSS REFERENCES:

Administrative law judges of division transferred to administrative
hearing commission, RSMo 226.008

Workers' compensation claims to be reviewed only by administrative law
judges, commission or appellate courts, RSMo 287.801

Except by agreement of all parties, a full and complete record
shall be made of all proceedings before an 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. Upon the granting of an application
for a writ of review or certiorari to review any order or decision of the
division or an administrative law judge, the reviewing court shall direct
the applicant to certify a copy of the transcript of such testimony,
together with all exhibits or copies thereof introduced and all
information secured by the division or an administrative law judge on its
own initiative and considered by it in rendering its order or decision,
and of the pleadings, record and proceedings in the cause, which shall
constitute the record; provided, that on review of an order or decision,
the parties to the action may stipulate that a certain question or
questions alone and a specified portion only of the evidence shall be
certified to the circuit court for its judgment, whereupon such
stipulation and the question or questions and the evidence therein
specified shall constitute the record on review. (L. 1985 S.B. 2 § 5)

Effective 7-1-85

The provisions of sections 622.010 to 622.059 and 680.307, RSMo,
shall not apply to any case presently pending before the Missouri public
service commission in which any evidence has been submitted either to the
public service commission or to the administrative law judge or hearing
examiner; or to any pending case in which the public service commission
has ordered an investigation into rate charges and the results of the
investigation have been filed with the commission. In such cases the
public service commission shall decide such cases under the procedures in
effect prior to July 1, 1985. (L. 1985 S.B. 2 § 6)

Effective 7-1-85

The director of the department of economic development is
expressly authorized to organize the division to accomplish the purposes
set forth by the provisions of sections 622.010 to 622.059 and 680.307,
RSMo, and within the limit of appropriations made therefor shall employ
all necessary personnel to accomplish those purposes. Personnel
previously employed by the public service commission may be transferred
to this division. (L. 1985 S.B. 2 § 7)

Effective 7-1-85

Nothing herein shall be construed as limiting any power,
authority, jurisdiction, duty or responsibility of the public service
commission under chapter 386, RSMo, or any other statute as to the
regulation of public utilities, utility safety and any other
nontransportation matters remaining with the public service commission
after July 1, 1985. (L. 1985 S.B. 2 § 8)

Effective 7-1-85

1. A "Transportation Development Commission" is hereby
established. It shall consist of five senators appointed by the president
pro tem of the senate, five representatives appointed by the speaker of
the house of representatives, and five persons, not less than one of whom
shall be an intrastate certificated carrier, not less than one of whom
shall be associated with a railroad industry, and not less than one of
whom shall be a shipper, appointed by the director of the department of
economic development.

2. The commission shall meet and organize by electing one legislative
member as chairman and another legislative member as vice chairman. The
commission shall meet as often as necessary to carry out its duties at
such places as may be convenient for this purpose.

3. Members shall not receive any compensation for the performance of
their duties, but all shall be reimbursed for actual and necessary
expenses incurred in the performance of those duties, the legislative
members from the contingent funds of their respective houses, and the
public members from funds appropriated to the department of economic
development. (L. 1985 S.B. 2 § 9, A.L. 1988 S.B. 423)

Effective 5-13-88

The transportation development commission shall study the
implementation of the provisions of sections 622.010 to 622.059 and
section 680.307, RSMo, and shall make recommendations therefor to the
motor carrier and railroad safety division and the department director.
It shall also consider any other appropriate matter relating to the
operation of the motor carrier and railroad safety division and the
development and regulation of transportation activities within this
state. It shall consider the need for new or changed laws or regulations
relating to the development and regulation of transportation activities,
and shall from time to time make recommendations to the governor and the
general assembly in connection therewith to the end that the development
of transportation entities and facilities will enhance the economic
development of the state. (L. 1985 S.B. 2 § 10, A.L. 1988 S.B. 423)

Effective 5-13-88

The jurisdiction, supervision, powers and duties of the motor
carrier and railroad safety division herein created and established shall
extend under this chapter:

(1) To all railroads within this state, and to all transportation of
persons or property thereon, and to the person or corporation owning,
leasing, operating or controlling the same, and to every person,
corporation and entity that offers for transportation by railroad within
this state hazardous or toxic materials as defined under the laws of this
state or of the United States;

(2) To all street railroads within this state, and to all transportation
of persons or property thereon, and to the person or corporation owning,
leasing, operating or controlling the street railroad;

(3) To the extent authorized in section 389.1005, RSMo, to the operation
of light rail, as defined in section 386.020, RSMo, located wholly or in
part within this state, and to all transportation of persons and their
baggage on light rail within this state;

(4) To such portion of the lines of any other railroad, light rail or
street railroad as lie within this state, and to the person, corporation
or entity owning, leasing, operating or controlling the same, so far as
concerns the construction, maintenance, equipment, terminal facilities
and local transportation facilities and local transportation of persons
or property within this state;

(5) To all motor carriers, railroad corporations, and street railroad
corporations operating or doing business within this state;

(6) To all persons, corporations or partnerships engaged in the
transportation of property or freight within the state; and

(7) To all corporations and persons whatsoever subject to the provisions
of chapters 387, 388, 389, 390, and 391, RSMo, and this chapter. (L. 1988
S.B. 676, A.L. 1996 H.B. 876)

CROSS REFERENCE:

Highway reciprocity commission abolished, duties and functions
transferred to highways and transportation commission, RSMo 226.008

1. In addition to its other powers, the state highways and
transportation commission may negotiate and enter into fair and equitable
cooperative agreements or contracts with other states, the District of
Columbia, territories and possessions of the United States, foreign
countries, and any of their officials, agents or instrumentalities, to
promote cooperative action and mutual assistance between the
participating jurisdictions with regard to the uniform administration and
registration, through a single base jurisdiction for each registrant, of
Federal Motor Carrier Safety Administration operating authority and
exempt operations by motor vehicles operated in interstate commerce.
Notwithstanding any other provision of law to the contrary, and in
accordance with the provisions of such agreements or contracts between
participating jurisdictions, the commission may:

(1) Delegate to other participating jurisdictions the authority and
responsibility to collect and pay over statutory registration,
administration or license fees; to receive, approve and maintain the
required proof of public liability insurance coverage; to receive,
process, maintain and transmit registration information and
documentation; to issue evidence of proper registration in lieu of
certificates, licenses, or permits which the commission may issue motor
vehicle licenses or identifiers in lieu of regulatory licenses under
section 390.136, RSMo; and to suspend or revoke any credential, approval,
registration, certificate, permit, license, or identifier referred to in
this section, as agents on behalf of the commission with regard to motor
vehicle operations by persons having a base jurisdiction other than this
state;

(2) Assume the authority and responsibility on behalf of other
jurisdictions participating in such agreements or contracts to collect
and direct the department of revenue to pay over to the appropriate
jurisdictions statutory registration, administration or license fees, and
to perform all other activities described in subdivision (1) of this
subsection, on its own behalf or as an agent on behalf of other
participating jurisdictions, with regard to motor vehicle operations in
interstate commerce by persons having this state as their base
jurisdiction;

(3) Establish or modify dates for the payment of fees and the issuance of
annual motor vehicle licenses or identifiers in conformity with such
agreements or contracts, notwithstanding any provisions of section
390.136, RSMo, to the contrary; and

(4) Modify, cancel or terminate any of the agreements or contracts.

2. Notwithstanding the provisions of section 390.136, RSMo, statutory
registration, administration or license fees collected by the commission
on behalf of other jurisdictions under such agreements or contracts are
hereby designated as "nonstate funds" within the meaning of section 15,
article IV, Constitution of Missouri, and shall be immediately
transmitted to the department of revenue of the state for deposit to the
credit of a special fund which is hereby created and designated as the
"Base State Registration Fund". The commission shall direct the payment
of, and the director of revenue shall pay, the fees so collected to the
appropriate other jurisdictions. All income derived from the investment
of the base state registration fund by the director of revenue shall be
credited to the state highways and transportation department fund.

3. "Base jurisdiction", as used in this section, means the jurisdiction
participating in such agreements or contracts where the registrant has
its principal place of business.

4. Every person who has properly registered his or her interstate
operating authority or exempt operations with his or her base
jurisdiction and maintains such registration in force in accordance with
such agreements or contracts is authorized to operate in interstate
commerce within this state any motor vehicle which is accompanied by a
valid annual license or identifier issued by his base jurisdiction in
accordance with such agreements or contracts, notwithstanding any
provision of section 390.071, 390.126 or 390.136, RSMo, or rules of the
commission to the contrary.

5. Notwithstanding any provision of law to the contrary, the commission
may stagger and prorate the payment and collection of license fees
pursuant to this section for the purposes of:

(1) Coordinating the issuance of regulatory licenses under this section
with the issuance of other motor carrier credentials; and

(2) Complying with any federal law or regulation. (L. 1990 H.B. 1684 § 1,
A.L. 2004 H.B. 928 and H.B. 1123 and H.B. 1280 merged with S.B. 1233, et
al.)

As used in this chapter and as used in chapters 387, 388, 389,
390 and 391, RSMo, when not in conflict with a specific definition in any
such chapter, the following words and phrases mean:

(1) "Common carrier" includes every motor carrier, as defined in section
390.020, RSMo, and all railroad corporations, street railroad
corporations, express companies, freight companies, freightline
companies, and every corporation, company, association, and partnership,
of every kind, and every person, their lessees, trustees, or receivers
appointed by any court whatsoever, owning, holding, operating,
controlling or managing any such agency for public use in the conveyance
of persons or property within this state;

(2) "Corporation" includes a corporation, company, association, limited
liability company, limited liability partnership and joint stock
association or company;

(3) "Division", the division of motor carrier and railroad safety within
the department of economic development;

(4) "Division staff", all personnel of the division, except those
individuals assigned to the administrative law judge section;

(5) "Express corporation" includes every person, their lessees, trustees
or receivers appointed by any court whatsoever, engaged in or transacting
the business of transporting any freight, merchandise or other property
for compensation on the line of any common carrier within this state;

(6) "Line" includes route;

(7) "Municipality" includes a city, village or town;

(8) "Person" includes an individual, corporation, governmental entity,
and a firm or partnership;

(9) "Railroad" includes every railroad and railway, other than street
railroad, by whatsoever power operated for public use in the conveyance
of persons or property for compensation, with all bridges, ferries,
tunnels, equipment, switches, spurs, tracks, stations, real estate and
terminal facilities of every kind used, operated, controlled or owned by
or in connection with any such railroad;

(10) "Railroad corporation" includes every person, their lessees,
trustees or receivers owning, holding, operating, controlling or managing
any railroad or railway or any cars or other equipment used thereon or in
connection therewith;

(11) "Rate", every individual or joint rate, fare, toll, charge,
reconsigning charge, rental or other compensation of any corporation,
person or common carrier or any schedule or tariff thereof;

(12) "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;

(13) "Street railroad" includes every railroad by whatsoever type of
power operated, and all extensions and branches thereof and supplementary
facilities thereto for public use in the conveyance of persons or
property for compensation, mainly providing local transportation service
upon the streets, highways and public places in a municipality, or in and
adjacent to a municipality, and including all cars, buses and other
rolling stock, equipment, switches, spurs, tracks, poles, wires,
conduits, cables, subways, tunnels, stations, terminals and real estate
of every kind used, operated or owned in connection therewith; and the
term "street railroad" when used in this chapter, shall also include all
motor bus and trolley bus lines and routes and similar local
transportation facilities, and the rolling stock and other equipment
thereof and the appurtenances thereto, when operated as a part of a
street railroad or trolley bus local transportation system, or in
conjunction therewith or supplementary thereto, but such term shall not
include a railroad constituting or used as part of a trunk line railroad
system and any street railroad as defined in this section which shall be
converted wholly to motor bus operation shall nevertheless continue to be
included within the term "street railroad" as used herein;

(14) "Street railroad corporation" includes every person, their lessees,
trustees or receivers, owning, holding, operating, controlling or
managing any street railroad as herein defined; and any such street
railroad, and all of its cars, buses, other equipment, instrumentalities,
property and operations, shall be governed by and subject to the
provisions of this chapter applicable to street railroads and street
railroad corporations and not by the provisions applicable to other types
of railroads;

(15) "Transportation of persons" includes every service in connection
with or incidental to the safety, comfort or convenience of the person
transported and the receipt, carriage and delivery of such person and the
person's baggage;

(16) "Transportation of property" includes any service in connection with
the receiving, delivery, elevation, transfer in transit, ventilation,
refrigeration, storage, and handling of the property transported. (L.
1996 S.B. 780)

No provisions of this chapter or chapter 387, 388, 389, 390 or
391, RSMo, except when specifically so stated, shall apply to or be
construed to apply to commerce with foreign nations or commerce among the
several states of this union, except insofar as the same may be permitted
under the provisions of the Constitution of the United States and the
acts of Congress. (L. 1996 S.B. 780)

The director of the division may destroy by burning, or
otherwise dispose of such records, financial statements and such public
documents which shall at the time of destruction or disposal have been on
file in the office of the division for a period of five years or longer
and which are determined by the director of the division to be obsolete
or of no further public use or value, except such records and documents
as may at the time be known by the director of the division to be the
subject of litigation or dispute. (L. 1996 S.B. 780)

Each administrative law judge and each person appointed to
office or employment by the governor or by the division shall, before
entering upon the duties of such person's office or employment, take and
subscribe to an oath or affirmation to support the Constitution of the
United States and of this state, and to faithfully and honestly discharge
the duties of such office. No person shall be eligible to appointment or
shall hold the office of administrative law judge, or be appointed by the
division, or hold any office or position under the division, who holds
any official relation to any common carrier, railroad corporation, street
railroad corporation, transportation of freight or property company,
carrier, corporation or person subject to any of the provisions of this
chapter or chapter 387, 388, 389, 390 or 391, RSMo, or who owns stocks or
bonds therein, or who has any pecuniary interest therein. (L. 1996 S.B.
780)

1. Every administrative law judge and every person employed or
appointed to office by the division is hereby forbidden and prohibited to
solicit, suggest, request or recommend, directly or indirectly, to any
common carrier or other person subject to the supervision of the
division, or to any officer, attorney, agent or employee thereof, the
appointment of any person to any office, place, position or employment.
Every such person or entity and every officer, attorney, agent and
employee thereof, is hereby forbidden and prohibited to offer to any
administrative law judge or to any person employed by the division any
office, place, appointment or position, or to offer or give to any
administrative law judge or to any person employed or appointed to office
by the division any free pass or transportation or any reduction in fare
to which the public generally is not entitled or free carriage for
property or any present, gift, entertainment or gratuity of any kind.

2. If any administrative law judge or any person employed or appointed to
office by the division violates any provision of this section, such
person shall be removed from the office. Every administrative law judge
and every person employed or appointed to office by the division shall be
and be deemed to be a public officer.

3. If any common carrier or other person subject to the supervision of
the division violates any provision of this section, it shall be liable
to the state of Missouri in a civil action in any court of competent
jurisdiction for the assessment of a civil penalty not to exceed twenty
thousand dollars. The penalty provided in this subsection shall be in
addition to any other penalty provided for violation of the provisions of
this chapter. The attorney general shall bring the action authorized in
this subsection. The action may be brought in any county where the
defendant's principal place of business is located or where the violation
occurred, or where the registered agent is located. The penalty assessed
under the provisions of this subsection shall be paid into the state
treasury to the credit of the public school fund.

4. Any officer, agent or employee of the division or of any carrier who
violates any provision of this section is guilty of a misdemeanor and,
upon conviction, shall be punished by a fine not exceeding one thousand
dollars, or by imprisonment in a county jail not exceeding one year, or
by both such fine and imprisonment. (L. 1996 S.B. 780)

1. The division may confer in person, or by correspondence, by
attending conventions, or in any other way, with the members of any
railroad, transportation, public utility, public service commission, or
similar division of other states and the United States of America, or any
official, agency or instrumentality thereof, on any matter relating to
the performance of its duties.

2. The division may enter into and establish fair and equitable
cooperative agreements or contracts with or act as an agent or licensee
for the United States of America, or any official, agency or
instrumentality thereof, or any railroad, transportation, public utility,
public service commission, or similar division of other states, that are
proper, expedient, fair and equitable and in the interest of the state of
Missouri and the citizens thereof, for the purpose of carrying out its
duties under this chapter with reference to railroads or street
railroads, as limited and supplemented by section 622.110 and to that end
the division may receive and disburse any contributions, grants or other
financial assistance as a result of or pursuant to such agreements or
contracts. Any contributions, grants or other financial assistance so
received shall be deposited in the railroad expense fund established in
section 622.015 and appropriated for the purposes for which they are
received.

3. The division may make joint investigations, hold joint hearings within
or without the state, and issue joint or concurrent orders in conjunction
or concurrence with any railroad, transportation, public utility, public
service commission, or similar division, of other states or the United
States of America, or any official, agency or any instrumentality
thereof, except that in the holding of such investigations or hearings,
or in the making of such orders, the division shall function under
agreements or contracts between states or under the concurrent power of
states to regulate interstate commerce, or as an agent of the United
States of America, or any official, agency or instrumentality thereof, or
otherwise. (L. 1996 S.B. 780)

The division may engage in any conferences with officials of any
and all other states and the District of Columbia, territories and
possessions of the United States and foreign countries for the purpose of
promoting, entering into, and establishing fair and equitable reciprocal
agreements or arrangements that in the judgment of the division are
proper, expedient, fair, and equitable and in the interest of the state
of Missouri and the citizens thereof to the end that any motor carrier of
passengers or property which operates motor vehicles and trailers into,
out of, or through this state as a for-hire motor carrier and which has
paid all regulatory fees required by the state, District of Columbia,
territory or possession of the United States or foreign country where the
motor vehicles and trailers are duly licensed or registered pursuant to
an agreement or arrangement entered into by the Missouri highway
reciprocity commission, or if no such agreement or arrangement has been
entered into, where the owner is a resident, shall not be required to pay
fees prescribed in section 390.136, RSMo; but the provisions of this
section shall be operative as to a motor vehicle and trailer duly
licensed or registered in a state, District of Columbia, territory or
possession of the United States or foreign country pursuant to an
agreement or arrangement entered into by the Missouri highway reciprocity
commission and if no such agreement or arrangement has been entered into,
where the owner is a resident, upon which all regulatory fees have been
paid, when operated for hire in Missouri only to the extent that, under
the laws of the state, District of Columbia, territory or possession of
the United States or foreign country, wherein such motor vehicle and
trailer are registered like exemptions are granted motor vehicles and
trailers duly licensed or registered in Missouri which may be conducting
similar motor carrier operations for hire in such other state, District
of Columbia, territory or possession of the United States, or foreign
country. (L. 1996 S.B. 780)

CROSS REFERENCE:

Highway reciprocity commission abolished, duties and functions
transferred to highways and transportation commission, RSMo 226.008

Whenever any carrier has a controversy with another carrier or
person and all the parties to such controversy agree in writing to submit
such controversy to the division as arbitrator, the division shall act as
such arbitrator, and after due notice to all parties interested shall
proceed to hear such controversy, and their award shall be final. Parties
may appear in person or by attorney before such arbitrator. (L. 1996 S.B.
780)

The division may authorize any person employed by it to do or
perform any act, matter or thing which the division is authorized by this
chapter to do or perform, except that no order, rule or regulation of any
person employed by the division shall be binding on any carrier or any
person unless expressly authorized or approved by the division. (L. 1996
S.B. 780)

1. The division may, whenever it deems advisable, establish a
system of accounts to be used by railroad and street railroad
corporations or other common carriers which are subject to its
supervision, or may classify the said corporations and other carriers and
prescribe a system of accounts for each class, and may prescribe the
manner in which such accounts shall be kept. It may also, in its
discretion, prescribe the forms of accounts, records and memoranda to be
kept by such corporations, including the accounts, records and memoranda
of the movement of traffic, as well as the receipts and expenditures of
moneys. Notice of alterations by the division in the required method or
form of keeping a system of accounts shall be given to such persons or
corporations by the division at least six months before the same are to
take effect. The system of accounts established by the division and the
forms of accounts, records and memoranda prescribed by it as provided
above shall conform in the case of railroad corporations as nearly as may
be to those from time to time established and prescribed by the
Interstate Commerce Commission under the provisions of the act of
Congress entitled "An Act to Regulate Commerce", approved February 4,
1887, and the acts amendatory thereof or supplementary thereto.

2. The division shall at all times have access to all accounts, records
and memoranda kept by railroad and street railroad corporations or other
common carriers and may designate any of its officers or employees, who
shall thereupon have authority under the order of the division to inspect
and examine any and all accounts, records and memoranda kept by such
corporations. (L. 1996 S.B. 780)

1. Every railroad and street railroad shall file an annual
report with the division of motor carrier and railroad safety, verified
by the oath of the president, treasurer, general manager or receiver, if
any, of such corporation, or by the person required to file the same. The
verification shall be made by said official holding office at the time of
the filing of the said report, and if not made upon the knowledge of the
person verifying the same shall set forth the sources of the person's
information and the grounds of such person's belief as to any matters not
stated to be verified upon the person's knowledge.

2. The division shall prescribe the form of such reports and the
character of the information to be contained therein, and may from time
to time make such changes and such conditions in regard to form and
contents thereof as it may deem proper, and on or before June thirtieth
in each year shall furnish a blank form for such annual reports to every
such corporation and person.

3. The division may require such report to contain information in
relation to rates or regulations concerning fares or freights, agreements
or contracts affecting the same, so far as such rates or regulations
pertain to transportation within this state.

4. When the report of any such corporation or person is defective, or
believed to be erroneous, the division shall notify the corporation or
person to amend the same within a time prescribed by the division.

5. The originals of the reports, subscribed and sworn to as prescribed by
law, shall be preserved in the office of the division.

6. The division may also require such corporations and persons to file
periodic reports in the form, covering the period and at the time
prescribed by the division. The division may require of any such
corporation or person specific answers to questions upon which the
division may need information.

7. The annual report required to be filed by a common carrier corporation
shall be so filed on or before the thirtieth day of September in each
year. The division may extend the time for making and filing such report
for a period not exceeding sixty days.

8. If such corporation or person shall fail to make and file the annual
report within the time above specified or within the time extended by the
division, or shall fail to amend such report within such reasonable time
as may be prescribed by the division, or shall fail to make specific
answer to any question, or shall fail to make the periodic reports when
required by the division as herein provided, within the time and in the
form prescribed by the division for the making and filing of any such
report or answer, such corporation or person shall forfeit to the state
the sum of one hundred dollars for each and every day it shall continue
to be in default with respect to such annual report, amendment, answer or
periodic report. Such forfeiture shall be recovered in an action brought
by the division in the name of the state of Missouri. The amount
recovered in any action shall be promptly transmitted to the state
director of revenue and deposited by the director to the credit of the
public school fund of the state. (L. 1996 S.B. 780)

1. Every order, authorization or certificate issued or approved
by the division under any provision of this chapter shall be in writing
and entered on the records of the division. Any such order, authorization
or certificate, or any part thereof, or a copy of the record of any such
order, authorization or certificate, certified by an administrative law
judge or by the secretary of the division director under the seal of the
division to be a true copy of the original order, authorization,
certificate or entry, may be recorded in the office of the recorder of
any county or city, in which is located the principal office and place of
business of any corporation, person or carrier affected thereby, or in
which is situated any property of any such corporation, person or
carrier, and such record shall impart notice of its provisions to all
persons. A certificate under the seal of the division that any such
order, authorization or certificate has not been modified, stayed,
suspended or revoked may also be recorded in the same offices in the same
manner and with the same effect.

2. Every common carrier which engages in intrastate commerce within this
state shall make available to the division within this state all
accounts, records, memoranda, books and papers carried in pursuance of
the requirements of law. (L. 1996 S.B. 780)

Copies of all official documents and orders filed or deposited
according to law in the office of the division, certified by an
administrative law judge or by the division director to be true copies of
the originals, under the official seal of the division, shall be evidence
in like manner as the originals. (L. 1996 S.B. 780)

1. No fees shall be charged or collected for copies of papers,
records or official documents furnished to public officers for use in
their official capacity, or for the annual reports of the division in the
ordinary course of distribution, but the division may fix reasonable
charges for publications issued under its authority. All fees charged and
collected under this section shall be paid, at least once each month,
accompanied by a detailed statement thereof, to the state director of
revenue.

2. All fees collected pursuant to this section shall be deposited to the
credit of the fund of the division from which the expenses of furnishing
the copies listed in this section are paid and shall be used by the
division to offset such expenses. (L. 1996 S.B. 780)

1. The division may, after a hearing had upon its own motion or
upon complaint, by general or special orders, rules or regulations, or
otherwise, require every person, corporation, and carrier to maintain and
operate its line, plant, system, equipment, apparatus, tracks and
premises in such manner as to promote and safeguard the health and safety
of its employees, passengers, customers, and the public. The division may
prescribe, among other things, the installation, use, maintenance and
operation of appropriate safety and other devices or appliances. The
division may waive the requirements for notice and hearing and provide
for expeditious issuance of an order in any case in which the division
determines that the failure to do so would result in the likelihood of
imminent threat of serious harm to life or property, except that the
division shall include in such an order an opportunity for hearing as
soon as practicable after the issuance of such order.

2. No person, partnership, firm or corporation shall set up, install,
operate or cause to be operated, upon the person's or its premises, any
sign or light commonly known as "red neon" or any other kind of red
signs, along, adjacent to or in line of vision of any main line track of
a railroad in this state, except the same be shaded or shielded, so as to
prevent them from being observed from the line of vision, as viewed from
an approaching locomotive cab, or where they may cause confusion to the
men in the locomotive cab, thereby endangering the safe and efficient
operating of such train or locomotive. The division shall inspect such
confusing signs, upon complaint, and determine if such sign or signs are
confusing or dangerous, and advise the owner or operator of their
findings and prescribe an adequate shield therefor. (L. 1996 S.B. 780)

1. The division shall have the general supervision of all common
carriers and shall examine the same and keep informed as to the safety,
adequacy, and security afforded by their service, and their compliance
with all provisions of law, orders and decisions of the division.

2. The division may, through its authorized inspectors or employees,
enter in and upon and inspect the property, equipment, tracks and
facilities of any common carrier, and may for such inspection purposes
ride upon any locomotive or train while in service, and for good cause
shown may have upon reasonable notice the use of an inspection
locomotive, special locomotive, inspection car or high-rail vehicle for a
physical inspection.

3. The division and each administrative law judge may examine all books,
contracts, records, documents and papers of any person or corporation
subject to its supervision, which are pertinent to the exercise of the
division's authority pursuant to this chapter or chapters 387, 388, 389,
390 and 391, RSMo, upon notice given by any administrative law judge or
employee of the division, and the person so notified shall allow access
to these records by the administrative law judge and any authorized
employee of the division. After the division has given notice, if the
person shall fail or refuse to allow access in accordance with this
section, the division may by subpoena duces tecum compel production
thereof. In lieu of requiring production of originals by subpoena duces
tecum, the division or any administrative law judge may require sworn
copies of any such books, records, documents, contracts and papers or
parts thereof to be filed with it. (L. 1996 S.B. 780)

1. The division may, of its own motion, investigate or make
inquiry, in a manner to be determined by it, as to any act or thing done
or omitted to be done by any common carrier subject to its supervision,
and the division shall make such inquiry in regard to any act or thing
done or omitted to be done by any such carrier, person or corporation in
violation of any provision of law or in violation of any order or
decision of the division.

2. Complaints may be made to the division by any person or corporation
aggrieved, by petition or complaint, in writing, setting forth anything
or act done or omitted to be done by any common carrier in violation, or
claimed to be in violation, of any provision of law or of the terms and
conditions of its franchise or charter or of any order or decision of the
division. Upon the presentation of such a complaint the division shall
cause a copy thereof to be forwarded to the carrier, person or
corporation complained of, which may be accompanied by an order, directed
to such carrier, person or corporation, requiring that the matters
complained of be satisfied, or that the charges be answered in writing
within a time to be specified by the division. If the carrier, person or
corporation complained of shall make reparation for any injury alleged
and shall cease to commit, or to permit, the violation of law, franchise,
order or decision charged in the complaint, and shall notify the division
of that fact before the time allowed for answer, the division need take
no further action on the charges. If, however, the charges contained in
such petition be not thus satisfied, and it shall appear to the division
that there are reasonable grounds therefor, it shall investigate such
charges in such manner and by such means as it shall deem proper, and
take such action within its powers as the facts justify.

3. Whenever the division shall investigate any matter complained of by
any person or corporation aggrieved by any act or omission of a common
carrier under this section, it shall be its duty, within sixty days after
final submission, to make and file an order either dismissing the
petition or complaint or directing the carrier, person or corporation
complained of to satisfy the cause of complaint in whole or to the extent
which the division may specify and require. (L. 1996 S.B. 780)

1. Whenever the division shall be of the opinion that a carrier,
person or corporation is failing or omitting or about to fail or omit to
do anything required of it by law or by order or decision of the
division, or is doing anything or about to do anything or permitting
anything or about to permit anything to be done, contrary to or in
violation of law or of any order or decision of the division, it shall
direct the general counsel to the division to commence an action or
proceeding in any circuit court of the state of Missouri in the name of
the division for the purpose of having such violations or threatened
violations stopped and prevented either by mandamus or injunctions. The
division's general counsel shall thereupon begin such action or
proceeding by a petition to such court alleging the violation complained
of and praying for appropriate relief by way of mandamus or injunction.
Such relief shall not be limited to permanent forms of mandamus and
injunction, but shall include all available forms of injunction and
mandamus, including temporary restraining orders, preliminary
injunctions, permanent injunctions, preliminary orders of mandamus, and
permanent orders of mandamus.

2. It shall thereupon be the duty of the court to specify the time, not
exceeding thirty days after service of a copy of the petition, within
which the carrier, person, or corporation complained of, must answer the
petition in cases where an answer is contemplated by Missouri Rules of
Court. In case of default in answer or after answer, the court shall
immediately inquire into the facts and circumstances in such manner as
the court shall direct without other or formal pleadings, and without
respect to any technical requirement.

3. Such other persons or corporations as the court shall deem necessary
or proper to join as parties in order to make its order, judgment or
writs effective may be joined as parties upon application of the
division's general counsel.

4. The final judgment in any such action or proceeding shall either
dismiss the action or proceeding or direct that a writ of mandamus or an
injunction, or both, issue as prayed for in the petition or in such
modified or other form as the court may determine will afford appropriate
relief. (L. 1996 S.B. 780)

1. The division shall, prior to the beginning of each fiscal
year beginning with the fiscal year commencing on July 1, 1997, make an
estimate of the expenses to be incurred by it during such fiscal year
reasonably attributable to the regulation of railroads, railroad
corporations, street railroads and street railroad corporations, as
provided in chapters 386, 387, 388, 389, and 391, RSMo, and this chapter,
and shall also separately estimate the amount of these expenses which are:

(1) Directly attributable to the regulation of railroads and railroad
corporations;

(2) Directly attributable to the regulation of street railroads and
street railroad corporations; and

(3) Not directly attributable to either of these groups.

2. The division shall allocate to each of these groups of entities the
estimated expenses directly attributable to the regulation of that group
and an amount equal to such proportion of the estimated expenses not
directly attributable to either group as the gross intrastate operating
revenues of all entities within that group during the preceding calendar
year bears to the total gross intrastate operating revenues of all
railroads, railroad corporations, street railroads and street railroad
corporations during that year. The division shall then assess the amounts
allocated, subject to adjustment as herein provided, to the entities
within each group, in proportion to their respective gross intrastate
operating revenues during the preceding calendar year, except that:

(1) The total amount assessed to all such entities shall not exceed three
percent of the total gross intrastate operating revenues of all
railroads, railroad corporations, street railroads and street railroad
corporations within this state; and

(2) These assessments shall be adjusted in a manner as to provide that:

(a) The assessment for each railroad corporation or street railroad
corporation which has less than fifty route miles of track within this
state shall be not less than one hundred dollars nor more than five
hundred dollars per year;

(b) The assessment for each railroad corporation or street railroad
corporation which has not less than fifty route miles nor more than one
hundred route miles of track within the state shall be not less than one
thousand dollars per year;

(c) The assessment for each railroad corporation or street railroad
corporation which has more than one hundred route miles of track within
the state shall be not less than five thousand dollars per year.

3. The division shall send a written statement of this assessment to each
railroad corporation and street railroad corporation on or before July
first, by first class mail with postage prepaid, and the amount assessed
to each entity shall be paid by it to the director of revenue in full on
or before July fifteenth next following the date of mailing of the
statement; except that any railroad corporation or street railroad
corporation may pay its assessment in four equal installments not later
than the following dates next following the date of mailing of the
statement: July fifteenth, October fifteenth, January fifteenth and April
fifteenth. The director of revenue shall remit such payments to the state
treasurer.

4. The state treasurer shall credit such payments to the railroad expense
fund established pursuant to section 622.015, which fund shall be devoted
solely to the payment of expenditures actually incurred by the division
and attributable to its regulation of railroads, railroad corporations,
street railroads and street railroad corporations. Any amount remaining
in such special fund at the end of any fiscal year shall not revert to
the general revenue fund, but shall be applicable by appropriation of the
general assembly to the payment of these expenditures of the division in
the succeeding fiscal year and shall be applied by the division to the
reduction of the amount to be assessed to such entities in such
succeeding fiscal year. A reduction shall be allocated to each of these
groups of entities in proportion to the respective gross intrastate
operating revenues of the respective groups during the preceding calendar
year.

5. In order to enable the division to make the allocations and
assessments provided for in this section, each railroad, railroad
corporation, street railroad and street railroad corporation which owns
or operates any track within this state shall file with the division,
within ten days after August 28, 1996, and thereafter on or before March
thirty- first of each year, a statement under oath showing its gross
intrastate operating revenues for the preceding calendar year, and if any
of these entities shall fail to file such statement within the time
prescribed in this section, the division shall estimate such revenues,
which estimate shall be binding on such entity for the purposes of this
section.

6. Nothing in this section shall be construed to apply to motor carriers
under chapter 390, RSMo, and the expenses of the division attributable to
the regulation and oversight of motor carriers shall not be included in
the expenses of the division for the purposes of this section. (L. 1996
S.B. 780)

1. All formal proceedings of the division and all documents and
records filed in the official records of those proceedings shall be
public records.

2. The division shall conduct a hearing and take testimony relative to
any pending legislation with respect to any person, corporation or matter
within the jurisdiction of the division, if requested to do so by the
general assembly or by either house thereof or by the governor, and shall
report its conclusions to the general assembly, or to the governor if the
request was made by the governor. The division may also recommend the
enactment of such legislation with respect to any matter within its
jurisdiction as it deems wise or necessary in the public interest. (L.
1996 S.B. 780)

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. (L. 1996 S.B. 780)

Any carrier, corporation or person may complain on any of the
grounds upon which complaints are allowed to be filed by other parties,
and the same procedure shall be adopted and followed as in other cases,
except that the complaint may be served upon any parties designated by
the division. (L. 1996 S.B. 780)

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.

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. (L. 1996 S.B. 780)

In all trials, actions, suits and proceedings arising under the
provisions of this chapter or growing out of the exercise of the
authority and powers granted in this chapter to the state highways and
transportation commission, the burden of proof shall be upon state
highways and transportation commission. The state highways and
transportation commission shall show by clear and satisfactory evidence
that the determination, requirement, direction or order of the state
highways and transportation commission is reasonable or lawful as the
case may be. (L. 1996 S.B. 780, A.L. 2004 S.B. 1233, et al.)

1. All subpoenas shall be signed and issued by an administrative
law judge or by the director of the division, and shall extend to all
parts of the state, and may be served by any person authorized to serve
process of courts of record or by any person of full age designated for
that purpose by the division or by an administrative law judge. The
person executing any such process shall receive the fees now prescribed
by law for similar services in civil cases in the circuit courts in this
state, and shall be paid in the same manner as provided herein for the
payment of the fees of the witnesses. Each witness who shall appear
before the division or an administrative law judge by order of the
division or an administrative law judge shall receive for attendance the
fees and mileage now provided for witnesses in civil cases in the circuit
courts of this state, which shall be audited and paid by the state in the
same manner as other expenses of the division are audited and paid, upon
the presentation of proper vouchers sworn to by such witnesses and
approved by the division.

2. Whenever a subpoena is issued at the instance of a complainant,
respondent, or other party to any proceeding before the division, the
cost of service thereof and the fee of the witness shall be borne by the
party at whose instance the witness is summoned. Any witness subpoenaed
except one whose fees and mileage may be paid from the funds of the
division may, at the time of service, demand the fee to which the witness
is entitled for travel to and from the place at which the witness is
required to appear, and one day's attendance. If such witness demands
such fees at the time of service, and they are not at that time paid or
tendered, the witness shall not be required to attend before the division
or an administrative law judge, as directed in the subpoena. No witness
furnished with free transportation shall receive mileage for the distance
such witness may have traveled on such free transportation.

3. It shall be the duty of every public officer, without exacting or
receiving charge or fee of any kind, to furnish to the division, upon
application, a certified copy of any document or part thereof, on file in
the office of such officer, and no public officer shall be entitled to
receive from the division or the public counsel any fee for entering,
filing, docketing or recording any document required or authorized by law
to be filed with the office of such officer. (L. 1996 S.B. 780)

At the request of the division's general counsel and upon good
cause shown by the counsel the division shall require or on its own
initiative the division may require, by order served upon any corporation
or person in the manner provided for the service of orders, the
production within this state at such time and place as it may designate,
of any books, accounts, papers or records kept by said corporation or
person in any office or place within or without this state, or, at its
option, verified copies in lieu thereof, so that an examination thereof
may be made by the general counsel when the order is issued at the
counsel's request or by the division or under its direction. (L. 1996
S.B. 780)

If a person subpoenaed to appear before the division or an
administrative law judge fails to obey the command of such subpoena,
without reasonable cause, or if a person in attendance upon the division
or an administrative law judge shall, without a reasonable cause, refuse
to be sworn or to be examined, or answer a question, or to produce a book
or paper when ordered to do so by the division or an administrative law
judge, or to subscribe or swear to the person's deposition after it has
been correctly produced in writing, such person shall be deemed guilty of
a misdemeanor, and be punished by a fine of not less than one hundred
dollars nor more than one thousand dollars or by imprisonment in the
county jail not to exceed one year, or by both such fine and
imprisonment, and may be prosecuted therefor in any court of competent
jurisdiction; and in case of a continuing violation each day's
continuance thereof shall be and be deemed to be a separate and distinct
offense. (L. 1996 S.B. 780)

No person shall be excused from testifying or from producing any
books or papers in any investigation or inquiry by or upon any hearing
before the division or any administrative law judge, when ordered to do
so by the division, upon the grounds that the testimony or evidence,
books or documents required of the person may tend to incriminate such
person or subject such person to penalty or forfeiture, but no person
shall be prosecuted, punished or subjected to any penalty or forfeiture
for or on account of any act, transaction, matter or thing concerning
which the person shall have been examined while under oath, and shall
under oath have testified or produced documentary evidence, except that
no person so testifying shall be exempt from prosecution or punishment
for any perjury committed by the person in the person's testimony.
Nothing contained in this section is intended to give, or shall be
construed as in any manner giving unto any corporation immunity of any
kind. (L. 1996 S.B. 780)

No information furnished to the division or the division staff
by a carrier, corporation or person, except such matters as are
specifically required to be open to public inspection by the provisions
of this chapter, shall be open to public inspection or made public except
on order of the division or by an administrative law judge in the course
of a hearing or proceeding. Any officer or employee of the division who,
in violation of the provisions of this section, divulges any such
information shall be guilty of a misdemeanor. (L. 1996 S.B. 780)

1. Every order of the division shall be served upon every person
or corporation to be affected thereby, either by personal delivery of a
certified copy thereof, or by mailing a certified copy thereof, in a
sealed package with postage prepaid, to the person to be affected
thereby, or, in the case of a corporation, to any officer or agent
thereof upon whom a summons may be served in accordance with the
provisions of the code of civil procedure.

2. It shall be the duty of every person and corporation to immediately
notify the division, in writing, of the receipt of the certified copy of
every order so served, and in the case of a corporation such notification
must be signed and acknowledged by a person or officer duly authorized by
the corporation to admit such service. Within a time specified in the
order of the division every person and corporation upon whom it is served
must if so required in the order notify the division in like manner
whether the terms of the order are accepted and will be obeyed.

3. Every order or decision of the division shall of its own force take
effect and become operative thirty days after the service thereof, except
as otherwise provided, and shall continue in force either for a period
which may be designated therein or until changed or abrogated by the
division, unless such order be unauthorized by this law or any other law
or be in violation of a provision of the constitution of the state or of
the United States. (L. 1996 S.B. 780)

1. After an order or decision has been made by the division, any
carrier, corporation or person interested therein may apply for a
rehearing in respect to any matter determined therein, and the division
shall grant and hold such rehearing, if in its judgment sufficient reason
therefor be made to appear. If a rehearing shall be granted the same
shall be determined by the division within thirty days after the same
shall be finally submitted.

2. No cause or action arising out of any order or decision of the
division shall accrue in any court to any carrier, corporation or person
unless that party shall have made, before the effective date of such
order or decision, application to the division for a rehearing. Such
application shall set forth specifically the ground or grounds on which
the applicant considers said order or decision to be unlawful, unjust or
unreasonable. The applicant shall not in any court urge or rely on any
ground not so set forth in its application for rehearing.

3. An application for a rehearing shall not excuse any carrier,
corporation or person from complying with or obeying any order or
decision or any requirement of an order or decision of the division, or
operate in any manner to stay or postpone the enforcement thereof except
as the division may by order direct.

4. If, after a rehearing and a consideration of the facts, including
those arising since the making of the order or decision, the division
shall be of the opinion that the original order or decision or any part
thereof is in any respect unjust or unwarranted, or should be changed,
the division may abrogate, change or modify the same. An order made after
any such rehearing, abrogating, changing or modifying the original order
or decision shall have the same force and effect as an original order or
decision but shall not affect any right or the enforcement of any right
arising from or by virtue of the original order or decision. (L. 1996
S.B. 780)

Within thirty days after the application for a rehearing is
denied, or, if the application is granted, then within thirty days after
the rendition of the decision on rehearing, the applicant may apply to
the circuit court of the county where the hearing was held or in which
the division has its principal office for a writ of certiorari or review
for the purpose of having the reasonableness or lawfulness of the
original order or decision or the order or decision on rehearing inquired
into or determined. The writ shall be made returnable not later than
thirty days after the date of the issuance thereof, and shall direct the
applicant to certify the division's record in the case to the court in
conformity with any applicable court rules. On the return day the cause
shall be heard by the circuit court, unless for a good cause shown the
same be continued. No new or additional evidence may be introduced upon
the hearing in the circuit court but the cause shall be heard by the
court without the intervention of a jury on the evidence and exhibits
introduced before the division and certified to by it. The division and
each party to the action or proceeding before the division shall have the
right to appear in the review proceedings. Upon the hearing the circuit
court shall enter judgment either affirming or setting aside the order of
the division under review. In case the order is reversed by reason of the
division failing to receive testimony properly proffered, the court shall
remand the cause to the division, with instructions to receive the
testimony so proffered and rejected, and enter a new order based upon the
evidence already taken, and such as it is directed to receive. The court
may, in its discretion, remand any cause which is reversed by it to the
division for further action. No court in this state, except the circuit
courts to the extent herein specified and the supreme court or the court
of appeals on appeal, shall have jurisdiction to review, reverse, correct
or annul any order or decision of the division or to suspend or delay the
executing or operation thereof, or to enjoin, restrain or interfere with
the division in the performance of its official duties. The circuit
courts of this state shall always be deemed open for the trial of suits
brought to review the orders and decisions of the division as provided by
law and the same shall be tried and determined as suits in equity. (L.
1996 S.B. 780)

1. The pendency of a writ of review shall not of itself stay or
suspend the operation of the order or decision of the division, but
during the pendency of such writ, the circuit court in its discretion may
stay or suspend, in whole or in part, the operation of the division's
order or decision. No order so staying or suspending an order or decision
of the division shall be made by any circuit court otherwise than on
three days' notice and after hearing, and if the order or decision of the
division is suspended the same shall contain a specific finding based
upon evidence submitted to the court and identified by reference thereto,
that great or irreparable damage would otherwise result to the petitioner
and specifying the nature of the damage. In case the order or decision of
the division is stayed or suspended, the order or judgment of the court
shall not become effective until a suspending bond shall first have been
executed and filed with, and approved by, the circuit court, payable to
the state of Missouri, and sufficient in amount and security to secure
the prompt payment, by the party petitioning for the review, of all
damages caused by the delay in the enforcement of the order or decision
of the division, and in cases involving rates for the transportation of
passengers or household goods by motor vehicle, the prompt payment of all
moneys which any person or corporation may be compelled to pay, pending
the review proceedings, for transportation, transmission, product,
commodity or service in excess of the charges fixed by the order or
decision of the division, in case such order or decision is sustained.

2. The circuit court, in case it stays or suspends the order or decision
of the division in any manner affecting rates, fares, tolls, rentals,
charges or classifications, shall also by order direct the carrier,
corporation or person affected to pay into court, from time to time,
there to be impounded until the final decision of the case, or into some
bank or trust company paying interest on deposits, under such conditions
as the court may prescribe, all sums of money which it may collect from
any carrier, corporation or person in excess of the sum such carrier,
corporation or person would have been compelled to pay if the order or
decision of the division had not been stayed or suspended.

3. In case any circuit court stays or suspends any order or decision of
the division lowering any rate, fare, toll, rental, charge or
classification, in cases involving rates for the transportation of
passengers or household goods by motor vehicle, upon the execution and
approval of such suspending bond, shall forthwith require the corporation
or person affected, under penalty of the immediate enforcement of the
order or decision of the division, pending the review and notwithstanding
the suspending order, to keep such accounts, verified by oath, as may, in
the judgment of the court, suffice to show the amounts being charged or
received by such carrier, corporation or person, pending the review, in
excess of the charges allowed by the order or decision of the division,
together with the names and addresses of the carriers, corporations and
persons to whom overcharges will be refundable in case the charges made
by the carrier, corporation or person, pending the review, be not
sustained by the circuit court, except that street railroad corporations
shall not be required to keep a record of the names and addresses of such
persons paying such overcharge of fares, but such street railroad
corporations shall give to such persons printed receipts showing such
overcharges of fares, the form of such printed receipts to be approved by
the division.

4. The court may, from time to time, require a party petitioning for a
review to give additional security on, or to increase, the suspending
bond, whenever in the opinion of the court the same may be necessary to
secure the prompt payment of damages or overcharges.

5. Upon the decision of the circuit court, all moneys which the carrier,
corporation or person may have collected pending the appeal, in excess of
those authorized by such decision, together with interest, in case the
court ordered the deposit of such moneys in a bank or trust company,
shall be promptly paid to the carriers, corporations or persons entitled
thereto, in such manner and through such methods of distribution as may
be prescribed by the court, unless an appeal be granted such carrier,
corporation or person, as provided in this section. (L. 1996 S.B. 780)

1. The division and any party who has participated in the
division proceeding which produced the order or decision may, after the
entry of judgment in the circuit court in any action in review, prosecute
an appeal to a court having appellate jurisdiction in this state. Such
appeal shall be prosecuted as appeals from judgment of the circuit court
in civil cases except as otherwise provided in this chapter. The original
transcript of the record and testimony and exhibits, certified to by the
division and filed in the circuit court in any action to review an order
or decision of the division, together with a transcript of the
proceedings in the circuit court, shall constitute the record on appeal
to the supreme court or any court of appeals.

2. Where an appeal is taken to the supreme court or the court of appeals,
the cause shall, on the return of the papers to the supreme court or
court of appeals, be immediately placed on the docket of the then pending
term by the clerk of the court and shall be assigned and brought to a
hearing in the same manner as other causes on the then pending term
docket, but shall have precedence over all civil causes of a different
nature pending in the court.

3. The circuit court may in its discretion suspend its judgment pending
the hearing in the supreme court or court of appeals on appeal, upon the
filing of a bond by the carrier, corporation or person with good and
sufficient security conditioned as provided for bonds upon actions for
review and by further complying with all terms and conditions of this law
for the suspension of any order or decision of the division pending the
hearing or review in the circuit court.

4. The general laws relating to appeals to the supreme court and the
court of appeals in this state shall, so far as applicable and not in
conflict with the provisions of this chapter, apply to appeals taken
under the provisions of this chapter. (L. 1996 S.B. 780)

In all collateral actions or proceedings the orders and
decisions of the division which have become final shall be conclusive,
and shall be admissible as evidence of the facts found and the
determination made by the division in all subsequent actions or
proceedings to enforce the decision of the division, whether by penalty,
forfeiture, mandamus, injunctive relief or otherwise. (L. 1996 S.B. 780)

Any person who shall willfully make any false entry in the
accounts, books of account, records or memoranda kept by any carrier,
corporation or person governed by the provisions of this chapter, or who
shall willfully destroy, mutilate, alter or by any other means or device
falsify the record of any such account, book of accounts, record or
memoranda, or who shall willfully neglect or fail to make full, true and
correct entries of such account, book of accounts, record or memoranda of
all facts and transactions appertaining to the business of such carriers,
corporations or persons, or who shall falsely make any statement required
to be made to the division, for which a penalty has not been provided,
shall be deemed guilty of a felony, and upon conviction shall be punished
by a fine of not less than one thousand dollars nor more than five
thousand dollars, or by imprisonment for not less than two years nor more
than five years, or by both such fine and imprisonment, except that the
division may, in its discretion, issue orders specifying such operating,
accounting or financial papers, records, books, blanks, tickets, stubs or
documents, of carriers which may after a reasonable time be destroyed,
and prescribing the length of time such books, papers or documents shall
be preserved. (L. 1996 S.B. 780)

1. Any carrier, corporation or person which violates or fails to
comply with any provision of the constitution of this state or of this or
any other law, or which fails, omits or neglects to obey, observe or
comply with any order, decision, decree, rule, direction, demand or
requirement, or any part or provision thereof, of the division in a case
in which a penalty has not been provided for such carrier, corporation or
person, is subject to a penalty of not less than one hundred dollars nor
more than two thousand dollars for each offense.

2. Every violation of the provisions of this or any other law or of any
order, decision, decree, rule, direction, demand or requirement of the
division, or any part or portion thereof, by any carrier, corporation or
person is a separate and distinct offense, and in case of a continuing
violation each day's continuance thereof shall be and be deemed to be a
separate and distinct offense.

3. In construing and enforcing the provisions of this chapter relating to
penalties, the act, omission or failure of any officer, agent or employee
of any carrier, corporation or person, acting within the scope of
official duties of employment, shall in every case be and be deemed to be
the act, omission or failure of such carrier, corporation or person. (L.
1996 S.B. 780)

Every officer, agent or employee of any carrier, corporation or
person who violates or fails to comply with, or who procures, aids or
abets any violation by any carrier, corporation or person of any
provision of the constitution of this state or of this or any other law,
or who fails to obey, observe or comply with any order, decision, decree,
rule, direction, demand or requirement, or any part or provision thereof,
of the division, or who procures, aids or abets any carrier, corporation
or person in their or its failure to obey, observe and comply with any
such order, decision, decree, rule, direction, demand or requirement, or
any part or provision thereof, in a case in which a penalty has not been
provided for such officer, agent or employee, is guilty of a misdemeanor
and is punishable by a fine not exceeding one thousand dollars, or by
imprisonment in a county jail not exceeding one year, or by both such
fine and imprisonment. (L. 1996 S.B. 780)

All penalties accruing under this chapter shall be cumulative of
each other, and the suit for the recovery of one penalty shall not be a
bar to or affect the recovery of any other penalty or forfeiture or be a
bar to any original prosecution against any carrier, corporation or
person, or any officer, director, agent or employee thereof. (L. 1996
S.B. 780)

An action to recover a penalty or a forfeiture under this
chapter or to enforce the powers of the division under this or any other
law may be brought in any circuit court in this state in the name of the
state of Missouri and shall be commenced and prosecuted to final judgment
by the general counsel to the division. No filing or docket fee shall be
required of the general counsel. In any such action all penalties and
forfeitures incurred up to the time of commencing the same may be sued
for and recovered therein, and the commencement of an action to recover a
penalty or forfeiture shall not be, or be held to be, a waiver of the
right to recover any other penalty or forfeiture; if the defendant in
such action shall prove that during any portion of the time for which it
is sought to recover penalties or forfeitures for a violation of an order
or decision of the division the defendant was actually and in good faith
prosecuting a suit to review such order or decision in the manner as
provided in this chapter, the court shall remit the penalties or
forfeitures incurred during the pendency of such proceeding. All moneys
recovered as a penalty or forfeiture shall be paid to the public school
fund of the state. Any such action may be compromised or discontinued on
application of the division upon such terms as the court shall approve
and order. (L. 1996 S.B. 780)

A substantial compliance with the requirements of this chapter
shall be sufficient to give effect to all the rules, orders, acts and
regulations of the division, and they shall not be declared inoperative,
illegal or void for any omission of a technical nature in respect
thereto. The provisions of this chapter shall be liberally construed with
a view to the public welfare, efficient transportation services and
substantial justice between patrons and carriers. (L. 1996 S.B. 780)

In case a common carrier shall do, cause to be done or permit to
be done any act, matter or thing prohibited, forbidden or declared to be
unlawful, or shall omit to do any act, matter or thing required to be
done by this chapter or by any order or decision of the division, such
common carrier shall be liable to the persons or corporations affected
thereby for all loss, damage or injury caused thereby or resulting
therefrom, and in case of recovery, if the court shall find that such act
or omission was willful, it may in its discretion fix a reasonable
counsel or attorney's fee, which fee shall be taxed and collected as part
of the costs in the case. An action to recover for such loss, damage or
injury may be brought in any court of competent jurisdiction by any such
person or corporation. (L. 1996 S.B. 780)

That no contract, receipt, rule, notice or regulation shall
exempt any railway company, or corporation, express company or
corporation or any other company, corporation or common carrier, engaged
in the transportation of persons or property, from the liability of a
common carrier, or carrier of passengers, which would exist had no
contract, receipt, rule, notice or regulation been made or entered into.
(L. 1996 S.B. 780)

Subject to any exceptions which are applicable under section
307.400, RSMo, or subsection 6 of section 390.063, RSMo, the officers and
commercial motor vehicle inspectors of the state highway patrol, the
enforcement personnel of the division of motor carrier and railroad
safety, and other authorized peace officers of this state and any civil
subdivision of this state, may enforce any of the provisions of Parts 350
through 399 of Title 49, Code of Federal Regulations, as those
regulations have been and may periodically be amended, as they apply to
motor vehicles and drivers operating in interstate or intrastate commerce
within this state; except that the enforcement personnel of the division
of motor carrier and railroad safety shall be authorized to enforce those
regulations only within the terminals of motor carriers and private
carriers by motor vehicle. (L. 1996 S.B. 780 § 12)

1. The division of motor carrier and railroad safety may grant a
skill performance evaluation certificate to a person who is not
physically qualified to drive under Code of Federal Regulations, Title
49, Section 391.41. A skill performance evaluation certificate granted
pursuant to this section shall apply to intrastate transportation only.
The skill performance evaluation certificate shall be in the possession
of the commercial driver any time he or she is operating a commercial
motor vehicle.

2. A person who wishes to obtain a skill performance evaluation
certificate under this section shall submit to the division the following
information:

(1) The applicant's name, address, and telephone number;

(2) The name, address, and telephone number of an employer co- applicant,
if any;

(3) A description of the applicant's experience in driving the type of
vehicle to be operated under the skill performance evaluation certificate;

(4) A description of the type of driving to be done under the skill
performance evaluation certificate;

(5) A description of any modifications to the vehicle the applicant
intends to drive under the skill performance evaluation certificate that
are designed to accommodate the applicant's medical condition or
disability;

(6) Whether the applicant has previously been granted another skill
performance evaluation certificate pursuant to this section;

(7) A copy of the applicant's current commercial driver's license;

(8) A copy of a medical examiner's certificate showing that the applicant
is medically unqualified to drive;

(9) A statement from the applicant's treating physician that includes:

(a) The extent to which the physician is familiar with the applicant's
medical history;

(b) A description of the applicant's medical condition for which a skill
performance evaluation certificate is necessary;

(c) Assurance that the applicant has the ability and willingness to
follow any course of treatment prescribed by the physician, including the
ability to self-monitor or manage the medical condition; and

(d) The physician's professional opinion that the applicant's condition
will not adversely affect the applicant's ability to operate a commercial
motor vehicle safely; and

(10) Any other information considered necessary by the division including
requiring a physical examination or medical report from a physician who
specializes in a particular field of medical practice.

3. The division of motor carrier and railroad safety shall promulgate
rules and regulations to provide skill performance evaluation
certificates for individuals who have failed to meet the specified
federal driver's physical qualifications under 49 CFR 391.41. Any rule or
regulation promulgated shall only authorize such individual to operate a
commercial motor vehicle within Missouri. The regulations promulgated
pursuant to this section may only be implemented if the United States
Department of Transportation (USDOT) will not impose any sanctions,
including funding sanctions, against the state.

4. As used in this section, the term "skill performance evaluation
certificate" means approval granted by the division of motor carrier and
railroad safety allowing a driver to drive commercial motor vehicles
intrastate even though the driver may not meet the minimum federal
fitness standards to drive commercial motor vehicles interstate.

5. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2002, shall be invalid and void. (L. 2002 H.B. 1270 and H.B. 2032)

1. As used in sections 622.600 to 622.620, the following terms
mean:

(1) "Division", the division of transportation within the department of
economic development of this state, which, after June 30, 1997, is known
as the "division of motor carrier and railroad safety";

(2) "Household goods", personal effects and property used or to be used
in a dwelling when part of the equipment or supplies of such dwelling and
similar property, if the transportation of such effects or property, is
either arranged and paid for by the householder, including transportation
of property from a factory or store when the property is purchased by the
householder with intent to use in his or her dwelling, or arranged and
paid for by another party. The term "household goods" shall not include
personal property which when tendered to a motor carrier is crated or
otherwise packaged to make it suitable for transportation by motor
carriers of general commodities, freight or property;

(3) "Property carrier registration", a document issued by the division
pursuant to sections 622.600 to 622.620 which identifies a person as a
registered property carrier and qualifies that person to engage in the
transportation by motor vehicle of property except household goods for
hire or compensation in intrastate commerce on the public highways in
this state;

(4) "Registered property carrier", a person who is entitled pursuant to
subdivision (3) of this subsection to engage in the transportation by
motor vehicle of property, except household goods, for hire or
compensation in intrastate commerce on the public highways in this state.
This term is included within the term "common carrier" as defined in
section 390.020, RSMo.

2. Notwithstanding any provisions of section 390.020, RSMo, or this
chapter, to the contrary, the provisions of this section which define
words shall also apply to and determine the meaning of all words used in
chapter 390, RSMo, and this chapter. Except as otherwise provided in this
section, or when the context clearly requires otherwise, the provisions
of section 390.020, RSMo, and this chapter, which define words shall also
apply to and determine the meaning of words used in sections 622.600 to
622.620. (L. 1996 S.B. 780 § 1)

1. The division shall neither enforce any law nor make or
enforce any rule or order relating to the prices, routes or services of
registered property carriers or of common carriers or contract carriers
of property for hire or compensation by motor vehicle in intrastate
commerce on the public highways in this state, except with reference to
the transportation of household goods or passengers or as expressly
authorized in sections 622.600 to 622.620.

2. Except as preempted by section 601 of the Federal Aviation
Administration Authorization Act of 1994, the powers, duties and
functions of the division with reference to motor vehicles or common
carriers pursuant to the provisions of chapters 386, 387, 390, RSMo, and
this chapter, that are not inconsistent with the provisions of sections
622.600 to 622.620, are hereby made applicable to the division with
reference to registered property carriers, including the division's power
to enforce only within terminals the rules and regulations promulgated by
the director of the department of public safety pursuant to section
307.400, RSMo, as they apply to motor vehicles.

3. The provisions of sections 390.051, 390.061, 390.062, 390.081, and
390.111, RSMo, shall not apply to the transportation of property in
intrastate commerce, except with reference to household goods as defined
in section 622.600. (L. 1996 S.B. 780 § 2)

Except as otherwise provided in section 390.030, RSMo, no person
shall engage in the business of transporting property, except household
goods, by motor vehicle for hire or compensation in intrastate commerce
on any public highway in this state, unless there is in force with
respect to that person a property carrier registration issued by the
division pursuant to the provisions of sections 622.600 to 622.620, which
authorizes such transportation. (L. 1996 S.B. 780 § 3)

1. Certificates or permits, or both, which were issued before
January 1, 1995, and which authorized a person to transport any property
in intrastate commerce by motor vehicle as a common carrier or contract
carrier, or both, are void, except that to the extent such certificates
or permits, or portions thereof, authorized a person to transport
household goods over irregular routes or passengers in intrastate
commerce, or any property or passengers in interstate commerce, those
certificates or permits, or portions thereof, are exempt from the
provisions of this subsection.

2. Persons who owned certificates or permits, or both, that were in
active status with the division on December 31, 1994, and persons to whom
the division issued certificates and permits after December 31, 1994,
pursuant to emergency rules adopted by the division, are deemed to be
qualified as registered property carriers, unless the person's
certificate or permit has been suspended, revoked or transferred to
another person as provided by law. A person deemed qualified pursuant to
this subsection is not required to file an application pursuant to
section 622.608 to continue providing intrastate transportation as a
registered property carrier, but rather, upon such person's compliance
with the licensing and insurance requirements of the division the person
is deemed to have a property carrier registration in force as required
pursuant to section 622.604, authorizing the person to transport property
except household goods in intrastate commerce on the public highways,
unless the person's property carrier registration is suspended, revoked
or transferred to another person as provided by law. Within a reasonable
time after August 28, 1996, the division shall issue property carrier
registrations to all persons who are deemed to be qualified as registered
property carriers and deemed to have property carrier registrations in
force pursuant to this subsection.

3. Notwithstanding any provision of this section to the contrary, this
section shall not be construed as authorizing any person to transport any
hazardous material as designated in Title 49, Code of Federal
Regulations, except hazardous materials which that person was expressly
authorized to transport in intrastate commerce within this state on
August 28, 1996. A person may file an application for property carrier
registration pursuant to section 622.608 to transport additional
hazardous materials. Nothing in this section shall be construed to
conflict with chapter 260, RSMo, or of relieving an applicant of any duty
to obtain a license pursuant to chapter 260, RSMo. (L. 1996 S.B. 780 § 4)

1. Every application for a property carrier registration
pursuant to sections 622.600 to 622.620 shall be completed and filed in
the form and manner prescribed by rule of the division, shall be verified
by the applicant under penalty of perjury and shall not be filed by the
division until it has received the following:

(1) A certificate of insurance or surety bond executed by the applicant's
insurer or surety, or order of the division approving self- insurance by
the applicant, which certifies that the applicant is covered against
personal injury and property damage liability, except damage to property
transported as cargo by the applicant, resulting from negligent motor
vehicle operations by the applicant in this state, which is completed and
filed in the prescribed form, manner and amount and is approved by the
division in accordance with rules of the division pursuant to section
390.126, RSMo;

(2) A license fee application showing the number and type of vehicle
licenses requested by the applicant for each motor vehicle to be operated
in intrastate commerce in this state under the requested property carrier
registration during the year for which the application is made, together
with payment of the aggregate license fees payable with reference to
those motor vehicles, which is completed, filed and paid in the form and
manner prescribed by rule of the division pursuant to section 390.136,
RSMo; and

(3) Information required by rule of the division relating to the
applicant's compliance and willingness to comply with any laws, rules,
regulations or orders relating to registration, licensing, liability
insurance or safety, and applicable to the applicant's motor vehicles,
drivers or operations by motor vehicle, including any state or federal
laws, rules, regulations or orders relating to the transportation of any
hazardous material as designated in Title 49, Code of Federal Regulations.

2. One of the division's administrative law judges shall determine on the
basis of the information filed by the applicant, evidence submitted by
the division staff, and any other information received by the division
and filed of record in the case, whether the applicant is in compliance
and willing to comply with the laws, rules, regulations and orders
relating to registration, licensing, liability insurance, safety and
hazardous materials, which are applicable to the applicant's motor
vehicles, drivers or operations as a registered property carrier by motor
vehicle. If the administrative law judge determines that the applicant is
qualified, the application shall be granted and a property carrier
registration shall be issued without a hearing. If the administrative law
judge determines that the information on record concerning the
applicant's qualifications is not adequate to finally determine the
application, the division may investigate the applicant's qualifications
more thoroughly before the administrative law judge makes a final
determination of the application. If the administrative law judge or the
division staff opposes the issuance of a property carrier registration,
then a hearing shall be held, not more than twenty days after a request
for hearing by the applicant, to determine the merits of the application
and whether a property carrier registration shall be issued. The
administrative law judge shall determine the application not more than
forty-five days after the close of the hearing, or else the application
shall be approved.

3. The division shall not restrict the property carrier registration with
reference to any specific commodities, routes or service, except that the
division shall restrict the applicant's property carrier registration
against the transportation of household goods, and shall further restrict
against any hazardous material as designated in Title 49, Code of Federal
Regulations, if the division finds that the applicant has not shown it is
qualified to safely transport that hazardous material in compliance with
all registration, liability insurance and safety requirements applicable
to the transportation of that hazardous material pursuant to Title 49,
Code of Federal Regulations. (L. 1996 S.B. 780 § 5)

1. A property carrier registration, including any certificate or
permit, or both, which pursuant to section 622.606 is deemed to identify
a registered property carrier, may be transferred in its entirety by the
registered property carrier to whom it was issued, but only if the
transfer is approved by the division as provided in this section. The
division shall approve the transfer of the property carrier registration
if the following requirements are met:

(1) The transfer application is joined in by both the registered property
carrier or its authorized representative and the proposed transferee or
its authorized representative;

(2) The transfer application is filed in the form and manner prescribed
by rule of the division; and

(3) The division finds that the transferee is in all respects qualified
as required of an applicant for a new property carrier registration
pursuant to section 622.608.

2. Upon approval of the transfer of a property carrier registration
pursuant to subsection 1 of this section, the division shall transfer the
property carrier registration in its entirety, except that the division
shall restrict the transferee's property carrier registration against the
transportation of any hazardous material formerly authorized under the
property carrier registration if the division finds that the transferee
has not shown it is qualified to safely transport that hazardous material
in compliance with all registration, liability insurance and safety
requirements applicable to the transportation of that hazardous material
pursuant to Title 49, Code of Federal Regulations. The transferee may
file a separate application for property carrier registration pursuant to
section 622.608 to transport additional hazardous materials. (L. 1996
S.B. 780 § 6)

Notwithstanding any provisions of section 390.106, RSMo, to the
contrary, the division at any time, for good cause, may suspend a
certificate, permit or property carrier registration, and after hearing
upon at least ten days' notice to the person to whom the division has
issued the certificate, permit or property carrier registration
authorizing any intrastate transportation of passengers or property by
motor vehicle, may revoke, alter or amend any such certificate, permit or
property carrier registration upon a finding that the person has failed
to comply with any applicable provisions of sections 622.600 to 622.620,
or chapter 386, 387 or 389, RSMo, or this chapter, or any safety rules,
regulations or orders which may be enforced by the division. Revocation
of a certificate, permit or property carrier registration shall not
become effective less than thirty days after issuance of an order of
revocation by the division. (L. 1996 S.B. 780 § 7)

Notwithstanding any provisions of section 516.103, RSMo, to the
contrary, in all collateral actions or proceedings the orders and
decisions of the division which have become final shall be conclusive,
and shall be admissible as evidence of the facts found and the
determinations made by the division in all subsequent actions or
proceedings to enforce division orders or decisions, whether by penalty,
forfeiture, mandamus, injunctive relief or otherwise. (L. 1996 S.B. 780 §
8)

Notwithstanding any provisions of section 386.480, RSMo, to the
contrary, no information furnished to the division by a motor carrier,
corporation or person, including the division staff, except such matters
as are specifically required to be open to public inspection by the
provisions of chapter 386, 387 or 390, RSMo, or this chapter, shall be
open to public inspection or made public except on order of the division
director or by an administrative law judge in the course of a hearing or
proceeding. Any officer or employee of the division who, in violation of
the provisions of this section, divulges any such information is guilty
of a misdemeanor. (L. 1996 S.B. 780 § 9)

1. Notwithstanding any provisions of section 390.045, RSMo, to
the contrary, the division shall by rule adopt reasonable training
requirements for its enforcement personnel to prepare them for their
actual duties of employment; this training need not require any basic law
enforcement training as required of peace officers as specified in
chapter 590, RSMo.

2. No rule or portion of a rule promulgated pursuant to the authority of
sections 622.600 to 622.620 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1996
S.B. 780 § 11)

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