Title XL — ADDITIONAL EXECUTIVE DEPARTMENTS

622.015. Transfer of all powers and duties of the public service commission regulating transportation activities to division — railroad expense fund established, purpose — definitions applicable, substitutions for commission and commissioner. — The division shall be organized so …

622.027. Rules, procedure. — 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 requi…

622.030. Administrative law judges, powers and duties — hearing procedure — technical evidence not required — docket fee paid to whom, deposited in highway fund. — 1. The administrative law judges shall assume all the duties concerning transportation activities heretofore imposed…

622.035. Record of formal hearings to be taken by reporter, exception — review procedure based on certified record, contents. — 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…

622.090. Powers and duties of division of motor carrier and railroad safety. — 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…

622.100. Definitions. — As used in this chapter and as used in chapters 387, 388, 389, 390 and 391, 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 …

622.110. Application of law to foreign and interstate commerce. — No provisions of this chapter or chapter 387, 388, 389, 390 or 391, except when specifically so stated, shall apply to or be construed to apply to commerce with foreign nations or commerce among the several states …

622.115. Record disposal, when. — 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 per…

622.120. Administrative law judges and employees, oath, eligibility for office. — 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 …

622.130. Prohibition against solicitation and gifts — penalties for violation, misdemeanor. — 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 …

622.140. Division of motor carrier and railroad safety conferences, cooperative agreements and joint investigations and hearings with other agencies, division's receipt and disbursement of grants. — 1. The division may confer in person, or by correspondence, by attending conventi…

622.150. Authority for division of motor carrier and railroad safety to enter into reciprocal agreements. — 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 for…

622.160. Arbitration by division. — 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 no…

622.170. Delegation of authority. — 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 sh…

622.190. Division's authority to establish system of accounts — access to accounts. — 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 supervi…

622.200. Annual report filed by railroads — form of reports — information in report — erroneous information — preservation of original reports — periodic reports — when filed — failure to file. — 1. Every railroad and street railroad shall file an annual report with the division …

622.210. Orders of the division, written and entered in division's records — records made available to division by common carrier. — 1. Every order, authorization or certificate issued or approved by the division under any provision of this chapter shall be in writing and entered…

622.220. Copies of official documents evidence of originals, when. — 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 origin…

622.230. Fees and charges, collected when. — 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 distribut…

622.240. Authority of division to require safety devices and safeguards — prohibition against red signs adjacent to tracks, when. — 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, re…

622.250. Division's authority of general supervision, duty to examine and be informed — authority to inspect property and facilities — authority to examine documents. — 1. The division shall have the general supervision of all common carriers and shall examine the same and keep i…

622.260. Investigation of acts or omissions by division — complaints made to division, form — division's response to complaint, order. — 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…

622.290. Injunctions, when sought — answer to petition, time to answer — joinder of parties — final judgment. — 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 …

622.300. Division's estimation of expenses to be incurred during fiscal year — allocation of estimated expenses — written statement of assessment sent — state treasurer credit of payments — statement of revenues filed with division — application only to railroads. — 1. The divisi…

622.310. Division documents, public records, when — hearings on pending legislation, when. — 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…

622.320. Complaints made by division or other party — joinder of claims — dismissal of complaint — service of summons — hearing, time and place set. — 1. Complaint may be made by the division of its own motion, or by any corporation or person, chamber of commerce, board of trade,…

622.330. Complaints by carriers or other parties. — 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 compla…

622.340. Intervention by a party, when, subpoena of witnesses — report of division's investigation depositions — extension of time for compliance with order — record of proceedings. — 1. At the time fixed for any hearing before the division or an administrative law judge, or the …

622.350. Burden of proof in all proceedings. — 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 bu…

622.360. Subpoenas, issuance, process, fees, costs — documents furnished to division, fee. — 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 …

622.370. Production of documents and records, ordered when. — 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 …

622.380. Failure to obey subpoena, produce documents, be examined or swear to deposition, penalty, misdemeanor. — 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 pers…

622.390. Immunity for certain persons testifying or producing documents, when, exceptions. — 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…

622.400. Information not open to public, when, penalty for disclosure, misdemeanor. — 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 provis…

622.410. Service of division's orders — notification of receipt of order — order effective, when. — 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 cer…

622.420. Application for rehearing, when granted — application, contents — compliance with order — modification of order, when. — 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 respec…

622.430. Review by circuit court of order, procedure. — 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…

622.440. Circuit court's staying or suspending operation of division's order, when, procedure — court's order to pay certain sums into trust during stay or suspension of division's order — order to keep accounts — additional security ordered, when — payment of sums deposited in t…

622.450. Appellate review, procedure, record on appeal — docket placement, precedence — suspension of judgment pending hearing on appeal — applicable laws. — 1. The division and any party who has participated in the division proceeding which produced the order or decision may, af…

622.460. Effect of final orders of division. — 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 s…

622.470. Falsification or destruction of accounts or records or false statements to division, penalty, felony. — 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 …

622.480. Penalty for violating state law or an order of division — violations are separate and distinct offenses — carrier's liability for acts of officers and agents. — 1. Any carrier, corporation or person which violates or fails to comply with any provision of the Constitution…

622.490. Penalty for an officer or agent violating state law or an order of division, misdemeanor. — 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, corporati…

622.500. Penalties are cumulative. — 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 a…

622.510. Actions to recover penalties, forfeiture or to enforce division's powers, where brought, procedure. — 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 cour…

622.520. Substantial compliance, effect on rules and regulations of division, construction. — 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 de…

622.530. Liability for unlawful acts. — 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 o…

622.540. Exemption from liability of a carrier by contract or regulation. — 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 t…

622.550. Enforcement powers of peace officers and division enforcement personnel, exceptions. — Subject to any exceptions which are applicable under section 307.400 or subsection 6 of section 390.063, the officers and commercial motor vehicle inspectors of the state highway patro…

622.555. Skill performance evaluation certificate granted, when — application, procedures — rulemaking authority. — 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…