Effective 28 Aug 1996

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 trust. — 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.

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(L. 1996 S.B. 780)