622.320. Complaints made by division or other party--joinder of claims--dismissal of complaint--service of summons--hearing, time and place set.
Complaints made by division or other party--joinder ofclaims--dismissal of complaint--service of summons--hearing, timeand place set.
622.320. 1. Complaint may be made by the division of its own motion,or by any corporation or person, chamber of commerce, board of trade, orany civic, commercial, mercantile, traffic, agricultural or manufacturingassociation or organization, or any body politic or municipal corporation,by petition or complaint in writing, setting forth any act or thing done oromitted to be done by any carrier, corporation or person, including anyrule, regulation or charge established or fixed by or for any carrier,corporation or person in violation, or claimed to be in violation, of anyprovision 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 inone hearing, and no motion shall be entertained against a complaint formisjoinder of causes of action or grievances or misjoinder or nonjoinder ofparties, and in any review by the courts of orders or decisions of thedivision the same rule shall apply with regard to the joinder of causes andparties as provided in this section.
3. The division shall not be required to dismiss any complaintbecause of the absence of direct damage to the complainant. Upon thefiling of a complaint, the division shall cause a copy thereof to be servedupon the carrier, corporation or person which is the subject of thecomplaint.
4. Service in all hearings, investigations and proceedings pendingbefore the division may be made upon any person upon whom summons may beserved in accordance with the provisions of the code of civil procedure ofthis state, and may be made personally or by mailing in a sealed envelopewith postage prepaid, except that the division or any of its employees intheir official capacity may serve process and other notices in all casesbefore the division or in which the division staff is a party.
5. The division shall fix the time when and the place where a hearingwill be had upon the complaint and shall serve notice thereof, not lessthan ten days before the time set for such hearing, unless the divisionshall find that the public necessity requires that such hearing be held atan earlier date.
(L. 1996 S.B. 780)