Section 28 Review of Orders of Rulemaking

• Library: Administrative Law 2011

At one time, there was a question regarding whether “rules,” as opposed to “contested cases” and “noncontested cases,” were subject to judicial review exclusively under the PSC Law. The question appeared to be answered in Union Electric Co. v. Clark, 511 S.W.2d 822, 825 (Mo. 1974). The Supreme Court held that a PSC rule was an “original order or decision” of the PSC. As such, it was reviewable under § 386.510, now RSMo 2000, and this review was “exclusive and jurisdictional.”

Later, in Jefferson Lines, Inc. v. Missouri Public Service Commission, 581 S.W.2d 124, 126 (Mo. App. W.D. 1979)...