Missouri Revised Statutes

Mo. Rev. Stat. § 386.130 (2026)

Organization of commission

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  386.130.  Organization of commission — quorum — powers of a commissioner. — The commission shall promptly and duly organize. A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission, and may hold meetings of the commission at any time or place within the state.  Any investigation, inquiry or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner.  All investigations, inquiries, hearings and decisions of a commissioner shall be and be deemed to be the investigations, inquiries, hearings and decisions of the commission, and every order and decision made by a commissioner, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the order of the commission.

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(RSMo 1939 § 5588)

Prior revisions: 1929 § 5132; 1919 § 10421

(1977) Public service commission must meet and act as a body. A report and order cannot be adopted by notational voting.  State ex rel. Philipp Transit Lines, Inc. Public Service Commission (Mo.), 552 S.W.2d 696.

Notes of Decisions
Cited in 5 cases, 1976–2019 · leading case: State ex rel. Philipp Transit Lines, Inc. v. Pub. Serv. Comm'n, 552 S.W.2d 696 (Mo. 1977).
State ex rel. Philipp Transit Lines, Inc. v. Pub. Serv. Comm'n, 552 S.W.2d 696 (Mo. 1977). · cites it 43× “The first of these is § 386.130. [3] Chapter 386 governs the creation and organization of the PSC.”
State ex rel. Churchill Truck Lines, Inc. v. Pub. Serv. Comm'n, 555 S.W.2d 328 (Mo. Ct. App. 1977). · cites it 10× “Appellants contend that the alleged failure to hold a meeting violates the statutory requirements of Section 386.130 and Chapter 610. Appellants’ position has received some *336 vindication in the recent Supreme Court en banc decision of State ex rel.”
State ex rel. Jackson Cnty. v. Pub. Serv. Comm'n, 532 S.W.2d 20 (Mo. 1976). · cites it 6× “Alternatively said report and order is reversed and the proceeding remanded to respondent for consideration and determination of relators' application for rehearing in compliance with Sections 386.130 and 536.080, V.A.M.S. 3.”
State ex rel. Aquila, Inc. v. Pub. Serv. Comm'n, 326 S.W.3d 20 (Mo. Ct. App. 2011). · cites it 4× “Philipp Transit involved the interpretation of § 386.130, 5 which provides in part: A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission, and may hold…”
Spire Missouri, Inc. v. Pub. Serv. Comm'n of the State of Missouri, No. SD35485, SD35549 (Mo. Ct. App. Mar. 15, 2019). “See §§ 386.130 and 386.250. 4 Spire Missouri 5 is an investor-owned gas corporation regulated by the PSC.”
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