Mo. Rev. Stat. » Chapter 386
Missouri Revised Statutes

Mo. Rev. Stat. § 386.270 (2026)

All orders prima facie lawful and reasonable

✓ current as of May 2026
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  386.270.  All orders prima facie lawful and reasonable. — All rates, tolls, charges, schedules and joint rates fixed by the commission shall be in force and shall be prima facie lawful, and all regulations, practices and services prescribed by the commission shall be in force and shall be prima facie lawful and reasonable until found otherwise in a suit brought for that purpose pursuant to the provisions of this chapter.

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(RSMo 1939 § 5702)

Prior revisions: 1929 § 5246; 1919 § 10534

Notes of Decisions
Cited in 40 cases (1 in the last 5 years), 1958–2023 · leading case: State ex rel. GTE North, Inc. v. Missouri Pub. Serv. Comm'n, 835 S.W.2d 356 (Mo. Ct. App. 1992).
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State ex rel. GTE North, Inc. v. Missouri Pub. Serv. Comm'n, 835 S.W.2d 356 (Mo. Ct. App. 1992). · cites it 8× “See Section 386.270 R.S.Mo. To achieve the parity required under Section 392.”
Agnew v. Mo.-Am. Water Co., 567 S.W.3d 652 (Mo. Ct. App. 2018). · cites it 6× “Section 386.270; In re KCP & L , 408 S.W.”
AG Processing Inc. v. Missouri Pub. Serv. Comm'n, 408 S.W.3d 175 (Mo. Ct. App. 2013). · cites it 3× “” § 386.270. The appellant bears the burden of proving, by clear and satisfactory evidence, “that the order or decision of the PSC is unlawful or unreasonable.”
State Ex Rel. Marco Sales, Inc. v. Pub. Serv. Comm'n, 685 S.W.2d 216 (Mo. Ct. App. 1984). · cites it 4× “1980); (2) Orders and decisions of the Commission are "prima facie" lawful and reasonable "until found otherwise" when judicially challenged—§ 386.270, RSMo 1978; (3) The party complaining of an order or decision of the Commission must "show by clear and satisfactory evidence"…”
State ex rel. MoGas Pipeline LLC v. Pub. Serv. Comm'n, 395 S.W.3d 562 (Mo. Ct. App. 2013). · cites it 9× “at 178 , citing § 386.270. We noted: The Transporters [i.”
State Ex Rel. Pub. Couns. v. Pub. Serv. Comm'n, 210 S.W.3d 344 (Mo. Ct. App. 2006). · cites it 3× “Section 386.270, RSMo 2000, says: All rates, tolls, charges, schedules and joint rates fixed by the commission shall be in force and shall be prima facie lawful, and all regulations, practices and services prescribed by the commission shall be in force and shall be prima facie…”
State Ex Rel. Missouri Pipeline Co. v. Missouri Pub. Serv. Comm'n, 307 S.W.3d 162 (Mo. Ct. App. 2010). · cites it 2× “§ 386.270 (emphasis added). Where no lawsuit has been filed challenging a tariff, “[t]he General Assembly .”
State Ex Rel. Chicago, Rock Island & Pac. R.R. v. Pub. Serv. Comm'n, 312 S.W.2d 791 (Mo. 1958). · cites it 2× “Those findings are prima facie correct under Section 386.270, and the complaining party carries the burden of making a convincing showing that they are not reasonable or lawful.”
Coon v. Atchison, Topeka & Santa Fe, 826 S.W.2d 66 (Mo. Ct. App. 1992). · cites it 2× “In accordance with § 386.270, RSMo 1986, all “regulations ..”
Pub. Serv. Comm'n of Missouri v. Off. of Pub. Couns., 438 S.W.3d 482 (Mo. Ct. App. 2014). · cites it 3× “2013), section 386.270, RSMo 2000, provides: All rates, tolls, charges, schedules and joint rates fixed by the commission shall be in force and shall be prima facie lawful, and all regulations, practices and services prescribed by the commission shall be in force and shall be…”
State Ex Rel. Valley Sewage Co. v. Pub. Serv. Comm'n, 515 S.W.2d 845 (Mo. Ct. App. 1974). · cites it 3× “S, Missouri Constitution, 1945; Section 386.270, RSMo 1969, V.A.M.S.; Section 386.”
State ex rel. Fee Fee Trunk Sewer, Inc. v. Pub. Serv. Comm'n, 522 S.W.2d 67 (Mo. Ct. App. 1975). · cites it 3× “Section 386.270, RSMo 1969, V.A.M.S, provides: “All rates, tolls, charges, schedules and joint rates fixed by the commission shall be in force and shall be prima facie lawful * * * until found otherwise in a suit brought for that purpose * ⅜ ⅜ Section 386.”
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