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

Mo. Rev. Stat. § 386.410 (2026)

Commission to adopt rules of procedure, technical rules of evidence not to apply

✓ current as of May 2026
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  386.410.  Commission to adopt rules of procedure, technical rules of evidence not to apply — proceedings to be informal. — 1.  All hearings before the commission or a commissioner shall be governed by rules to be adopted and prescribed by the commission.  And in all investigations, inquiries or hearings the commission or commissioner shall not be bound by the technical rules of evidence.

  2.  No formality in any proceeding nor in the manner of taking testimony before the commission or any commissioner shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission.

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(RSMo 1939 § 5600, A.L. 1947 V. I p. 463, A.L. 1977 H.B. 42 & 157, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5144; 1919 § 10433

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1982–2023 · leading case: State Ex Rel. Praxair, Inc. v. Missouri Pub. Serv. Comm'n, 344 S.W.3d 178 (Mo. 2011).
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State Ex Rel. Praxair, Inc. v. Missouri Pub. Serv. Comm'n, 344 S.W.3d 178 (Mo. 2011). · cites it 2× “070, RSMo,” governing offers of proof. Section 536.070 is a portion of the Missouri Administrative Procedure Act, or MAPA.”
In the Matter of Kansas City Power&Light Co.'s Request for Auth. to Implement a Gen. Rate Increase for Elec. Serv., & Midwest energy Consumers' Grp. v. Missouri Pub. Serv. Comm'n, 509 S.W.3d 757 (Mo. Ct. App. 2016). · cites it 6× “Section 386.410 grants to the PSC the power to adopt and prescribe the rules governing its hearing procedures.”
State ex rel. Fischer v. Pub. Serv. Comm'n, 645 S.W.2d 39 (Mo. Ct. App. 1982). · cites it 5× “The Commission argues that under Section 386.410 RSMo 1977, it was authorized to consider this matter under the limited hearing procedure adopted.”
State Ex Rel. Pub. Couns. v. PUB. Serv. COMM'N, 274 S.W.3d 569 (Mo. Ct. App. 2009). · cites it 2× “Pursuant to § 386.410, RSMo 2000, the General Assembly has authorized the commission to promulgate rules governing its hearings.”
State ex rel. Midwest Gas User's Ass'n v. Pub. Serv. Comm'n, 996 S.W.2d 608 (Mo. Ct. App. 1999). · cites it 3× “Section 386.410 RSMo 1994.... 5. The said Commission order, unless stayed, will require transportation customers to pay in amounts to MGE that exceed the last, just reasonable and lawful rate levels for such services as were previously established by the Commission.”
At & T Commc'ns of the Sw., Inc. v. Sw. Bell Tel. Co., 86 F. Supp. 2d 932 (W.D. Mo. 1999). · cites it 2× “Mo.Rev.Stat. § 386.410(1) (“All hearings before the [Public Service] Commission or a Commissioner shall be governed by rules to be adopted and prescribed by the Commission.”
State ex rel. Churchill Truck Lines, Inc. v. Pub. Serv. Comm'n of the State, 734 S.W.2d 586 (Mo. Ct. App. 1987). · cites it 3× “” Section 386.410(1) RSMo 1978 authorizes PSC to adopt rules by which it shall be governed.”
Harter v. Missouri Pub. Serv. Comm'n, 361 S.W.3d 52 (Mo. Ct. App. 2011). · cites it 2× ““To the extent that there are matters not addressed by the PSC statutes and the administrative rules adopted by the PSC pursuant to section 386.410,” the MAPA “ ‘operates to fill gaps not addressed within the PSC statutes.”
State ex rel. Pub. Couns. v. Pub. Serv. Comm'n, 274 S.W.3d 569 (Mo. Ct. App. 2009). · cites it 2× “Pursuant to § 386.410, RSMo 2000, the General Assembly has authorized the commission to promulgate rules governing its hearings.”
State ex rel. Arkansas Power & Light Co. v. Missouri Pub. Serv. Comm'n, 736 S.W.2d 457 (Mo. Ct. App. 1987). · cites it 2× “To consider the case without the promod information and the cost (coal) which generated of some 80% of AP & L’s electricity, denied the applicant a meaningful hearing, and resulted in an order which distorted the true costs.”
In the Matter of the Application of Rate Increase Request for Liberty Utils. (Missouri Water), LLC d/b/a Liberty Utils. Orange Lake Country Club, Inc., & Silverleaf Resorts, Inc. v. Missouri Pub. Serv. Comm'n (Mo. Ct. App. 2019). · cites it 2× “Pursuant to the General Assembly’s grant of statutory authority under section 386.410, the PSC filed 4 CSR 240-2.”
Emily Riegel v. David G. Jungerman (Mo. Ct. App. 2019). · cites it 2× “2011) (“To the extent that there are matters not addressed by the PSC statutes and the administrative rules adopted by the PSC pursuant to section 386.410, [the Missouri Administrative Procedure Act] operates to fill gaps not addressed within the PSC statutes.”
Show all 13 citing cases →
— Mo. Rev. Stat. § 386.410(1) — 2 cases
At & T Commc'ns of the Sw., Inc. v. Sw. Bell Tel. Co., 86 F. Supp. 2d 932 (W.D. Mo. 1999). “Mo.Rev.Stat. § 386.410(1) (“All hearings before the [Public Service] Commission or a Commissioner shall be governed by rules to be adopted and prescribed by the Commission.”
State ex rel. Churchill Truck Lines, Inc. v. Pub. Serv. Comm'n of the State, 734 S.W.2d 586 (Mo. Ct. App. 1987). “” Section 386.410(1) RSMo 1978 authorizes PSC to adopt rules by which it shall be governed.”
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