Missouri Revised Statutes

Mo. Rev. Stat. § 386.510 (2026)

Review by appellate court

✓ current as of May 2026

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386.510. Review by appellate court. — With respect to commission orders or decisions issued on and after July 1, 2011, within thirty days after the application for a rehearing is denied, or, if the application is granted, then within thirty days after the rendition of the decision on rehearing, the applicant may file a notice of appeal with the appellate court with the territorial jurisdiction over the county where the hearing was held or in which the commission has its principal office for the purpose of having the reasonableness or lawfulness of the original order or decision or the order or decision on rehearing inquired into or determined, which shall also be served on the commission and the parties to the commission proceeding in accordance with section 386.515. Except with respect to a stay or suspension pursuant to subsection 1 of section 386.520, no new or additional evidence may be introduced in the appellate court but the cause shall be heard by the court without the intervention of a jury on the evidence and exhibits introduced before the commission and certified to by it. The notice of appeal shall include the appellant's application for rehearing, a copy of the reconciliation required by subsection 4 of section 386.420, a concise statement of the issues being appealed, a full and complete list of the parties to the commission proceeding, all necessary filing fees, and any other information specified by the rules of the court. Unless otherwise ordered by the court of appeals, the commission shall, within thirty days of the filing of the notice of appeal, certify its record in the case to the court of appeals. The commission and each party to the action or proceeding before the commission shall have the right to intervene and participate fully in the review proceedings. Upon the submission of the case to the court of appeals, the court of appeals shall render its opinion either affirming or setting aside, in whole or in part, the order or decision of the commission under review. In case the order or decision is reversed by reason of the commission failing to receive testimony properly proffered, the court shall remand the cause to the commission, with instructions to receive the testimony so proffered and rejected, and enter a new order or render a new decision based upon the evidence theretofore taken, and such as it is directed to receive. The court may, in its discretion, remand any cause which is reversed by it to the commission for further action. No court in this state, except the supreme court or the court of appeals, shall have jurisdiction or authority to review, reverse, correct or annul any order or decision of the commission or to suspend or delay the executing or operation thereof, or to enjoin, restrain or interfere with the commission in the performance of its official duties. The appellate courts of this state shall always be deemed open for the trial of suits brought to review the orders and decisions of the commission as provided in the public service commission law and the same shall where necessary be tried and determined as suits in equity.

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(RSMo 1939 § 5690, A.L. 1961 p. 413, A.L. 1973 S.B. 263, A.L. 2011 S.B. 48, A.L. 2012 S.B. 628, A.L. 2019 H.B. 192 merged with H.B. 355)

Prior revisions: 1929 § 5234; 1919 § 10522

Notes of Decisions

Cited in 156 cases (9 in the last 5 years), 1951–2024 · leading case: State Ex Rel. Pub. Couns. v. Pub. Serv. Comm'n, 210 S.W.3d 344 (Mo. Ct. App. 2006).

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State Ex Rel. Pub. Couns. v. Pub. Serv. Comm'n, 210 S.W.3d 344 (Mo. Ct. App. 2006). · cites it 58× “We also determined that Section 386.510, RSMo 2000, provides the exclusive procedure for judicial review of all of the commission’s orders, including those involving noncontested cases.”

State Ex Rel. AG Processing, Inc. v. Pub. Serv. Comm'n, 276 S.W.3d 303 (Mo. Ct. App. 2008). · cites it 24× “Two weeks later, on June 14, the Consumers filed their petition in circuit court for a writ of review pursuant to section 386.510. 2 The circuit court ordered the PSC to certify its record and ordered a stay of the PSC proceedings.”

State Ex Rel. Riverside Pipeline Co., Lp v. Pub. Serv. Com'n, 215 S.W.3d 76 (Mo. 2007). · cites it 13× “Then, in January 1999, pursuant to section 386.510, RSMo 1994, Riverside and MKP filed a petition for a writ of review in the circuit court.”

State ex rel. Pub. Serv. Comm'n v. Dally, 50 S.W.3d 774 (Mo. 2001). · cites it 26× “The Writ of Review Under Section 386.510 A petition for writ of review is governed by statute, section 386 .”

State Ex Rel. Praxair, Inc. v. Missouri Pub. Serv. Comm'n, 344 S.W.3d 178 (Mo. 2011). · cites it 7× “Were such an offer of proof not permitted, the decision to exclude evidence as “wholly irrelevant” itself would be wholly unreviewable by the courts, and, therefore, would violate article V, section 18 of the Missouri Constitution and section 386.510, both of which provide for…”

State Ex Rel. AG Processing, Inc. v. Pub. Serv. Comm'n, 120 S.W.3d 732 (Mo. 2003). · cites it 6× “Pursuant to section 386.510, the appellate standard of review of a PSC order is two-pronged: “first, the reviewing court must determine whether the PSC’s order is lawful; and second, the court must determine whether the order is reasonable.”

Kostman v. Pine Lawn Bank & Trust Co., 540 S.W.2d 72 (Mo. 1976). · cites it 16× “Under the law prior to 1955, the judicial review was governed by the provision of section 386.510, RSMo 1949. See section 362.”

AG Processing Inc. v. Missouri Pub. Serv. Comm'n, 408 S.W.3d 175 (Mo. Ct. App. 2013). · cites it 9× “On June 20, 2012, the PSC issued an order denying AGP’s application for rehearing.”

Agnew v. Mo.-Am. Water Co., 567 S.W.3d 652 (Mo. Ct. App. 2018). · cites it 16× “An application for rehearing is required and is a prerequisite to the filing of an appeal under Section 386.510, which provides: With respect to commission orders or decisions .”

State Ex Rel. Chicago, Rock Island & Pac. R.R. v. Pub. Serv. Comm'n, 312 S.W.2d 791 (Mo. 1958). · cites it 13× “When the public service commission law was enacted in 1913, the provisions relating to judicial review of orders and decisions of the commission were set forth in what is now Section 386.510 RSMo 1949, V.A.M.S. (All statutory references are to RSMo 1949, V.”

State Ex Rel. a & G Com. Trucking, Inc. v. Dir. of the Manufactured Hous. & Modular Units Prog. of the Pub. Serv. Comm'n, 168 S.W.3d 680 (Mo. Ct. App. 2005). · cites it 15× “Discussion In its first point on appeal, the Director contends that the trial court erred in issuing the writ of prohibition on the basis that it lacked jurisdiction to exercise injunctive power over the PSC because Section 386.510, RSMo, expressly prohibits the circuit court…”

State Ex Rel. Pub. Couns. v. Pub. Serv. Com'n, State, 259 S.W.3d 23 (Mo. Ct. App. 2008). · cites it 10× “Section 386.510, RSMo 2000, provides the exclusive procedure for judicial review of all orders of the Public Service Commission, including orders involving noncontested cases.”

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