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 orde
Circuit court's staying or suspending operation of division's order,when, procedure--court's order to pay certain sums into trustduring stay or suspension of division's order--order to keepaccounts--additional security ordered, when--payment of sumsdeposited in trust.
622.440. 1. The pendency of a writ of review shall not of itselfstay or suspend the operation of the order or decision of the division, butduring the pendency of such writ, the circuit court in its discretion maystay or suspend, in whole or in part, the operation of the division's orderor decision. No order so staying or suspending an order or decision of thedivision 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 issuspended the same shall contain a specific finding based upon evidencesubmitted to the court and identified by reference thereto, that great orirreparable damage would otherwise result to the petitioner and specifyingthe nature of the damage. In case the order or decision of the division isstayed or suspended, the order or judgment of the court shall not becomeeffective until a suspending bond shall first have been executed and filedwith, and approved by, the circuit court, payable to the state of Missouri,and sufficient in amount and security to secure the prompt payment, by theparty petitioning for the review, of all damages caused by the delay in theenforcement of the order or decision of the division, and in casesinvolving rates for the transportation of passengers or household goods bymotor vehicle, the prompt payment of all moneys which any person orcorporation may be compelled to pay, pending the review proceedings, fortransportation, transmission, product, commodity or service in excess ofthe charges fixed by the order or decision of the division, in case suchorder or decision is sustained.
2. The circuit court, in case it stays or suspends the order ordecision of the division in any manner affecting rates, fares, tolls,rentals, charges or classifications, shall also by order direct thecarrier, corporation or person affected to pay into court, from time totime, there to be impounded until the final decision of the case, or intosome bank or trust company paying interest on deposits, under suchconditions as the court may prescribe, all sums of money which it maycollect from any carrier, corporation or person in excess of the sum suchcarrier, corporation or person would have been compelled to pay if theorder or decision of the division had not been stayed or suspended.
3. In case any circuit court stays or suspends any order or decisionof the division lowering any rate, fare, toll, rental, charge orclassification, in cases involving rates for the transportation ofpassengers or household goods by motor vehicle, upon the execution andapproval of such suspending bond, shall forthwith require the corporationor person affected, under penalty of the immediate enforcement of the orderor decision of the division, pending the review and notwithstanding thesuspending order, to keep such accounts, verified by oath, as may, in thejudgment of the court, suffice to show the amounts being charged orreceived by such carrier, corporation or person, pending the review, inexcess of the charges allowed by the order or decision of the division,together with the names and addresses of the carriers, corporations andpersons to whom overcharges will be refundable in case the charges made bythe carrier, corporation or person, pending the review, be not sustained bythe circuit court, except that street railroad corporations shall not berequired to keep a record of the names and addresses of such persons payingsuch overcharge of fares, but such street railroad corporations shall giveto such persons printed receipts showing such overcharges of fares, theform of such printed receipts to be approved by the division.
4. The court may, from time to time, require a party petitioning fora review to give additional security on, or to increase, the suspendingbond, whenever in the opinion of the court the same may be necessary tosecure the prompt payment of damages or overcharges.
5. Upon the decision of the circuit court, all moneys which thecarrier, corporation or person may have collected pending the appeal, inexcess of those authorized by such decision, together with interest, incase the court ordered the deposit of such moneys in a bank or trustcompany, shall be promptly paid to the carriers, corporations or personsentitled thereto, in such manner and through such methods of distributionas may be prescribed by the court, unless an appeal be granted suchcarrier, corporation or person, as provided in this section.
(L. 1996 S.B. 780)