387.200. Power of division of motor carrier and railroad safety to suspend rates.
Power of division of motor carrier and railroad safety to suspendrates.
387.200. Whenever there shall be filed with the division of motorcarrier and railroad safety by any motor carrier any schedule stating anew individual or joint rate, fare or charge, or any new individual orjoint classification, or any new individual or joint regulation or practiceaffecting any rate, fare or charge, the division shall have, and it ishereby given, authority, either upon complaint or upon its own initiativewithout complaint at once, and if it so orders without answer or otherformal pleading by the interested carrier or carriers, but upon reasonablenotice, to enter upon a hearing, concerning the propriety of such rate,fare, charge, classification, regulation or practice; and pending suchhearing and the decision thereon the division, upon filing with suchschedule and delivering to the carrier or carriers affected thereby astatement in writing of its reasons for such suspension, may suspend theoperation of such schedule and defer the use of such rate, fare, charge,classification, regulation or practice, but not for a longer period thanone hundred and twenty days beyond the time when such rate, fare, charge,classification, regulation or practice, would otherwise go into effect; andafter full hearing, whether completed before or after the rate, fare,charge, classification, regulation or practice goes into effect, thedivision may make such order in reference to such rate, fare, charge,classification, regulation or practice as would be proper in a proceedinginitiated after the rate, fare, charge, classification, regulation orpractice had become effective; provided, that if any such hearing cannot beconcluded within the period of suspension, as stated in this section*, thedivision may, in its discretion, extend the time of suspension for afurther period not exceeding six months. At any hearing involving a rateincreased or a rate sought to be increased after August 28, 1996, theburden of proof to show that the increased rate or proposed increased rateis just and reasonable shall be upon the motor carrier, and the divisionshall give to the hearing and decision of such questions preference overall other questions pending before it and decide the same as speedily aspossible.
(RSMo 1939 § 5625, A.L. 1996 S.B. 780)Prior revisions: 1929 § 5169; 1919 § 10457
*Words "as above stated" appear in original rolls.