Section 33 Review by Application for a Writ of Certiorari or Review
Library | Administrative Law 2011 |
The method for obtaining judicial review is a writ of certiorari or review. The writ is issued by the circuit court to the PSC in its own individual capacity and not against the individual members of the PSC or the PSC and its individual members. State ex rel. Gehrs v. Pub. Serv. Comm’n of Mo., 90 S.W.2d 390, 391 (Mo. 1935).
The application for a writ by the appellant (referred to as “relator”) is simply a petition to the circuit court requesting that the court review the decision of the PSC (the “respondent”). The writ issued by the circuit court is an order by the judge to the PSC directing the PSC to certify its record for review. The following elements must be pleaded in the application for a writ of review:
The circuit court has venue and jurisdiction over the matter because (1) a hearing was held by the PSC in the county of the circuit court’s jurisdiction or (2) the principal office of the PSC is in Cole County if the appeal is to that court.
The relator is an interested person or a party to the proceeding before the PSC and is affected by the PSC’s order or decision.
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- Section 1 Introduction: Public Service Commission— Its Jurisdiction
- Section 2 Sources of Information as to Practice and Procedure Before the Public Service Commission
- Section 3 Proceedings Before the Public Service Commission
- Section 4 Applications
- Section 5 Complaints
- Section 6 Institution of Proceedings by the Public Service Commission
- Section 7 Filing of a Tariff
- Section 8 Electronic Filing and Information System
- Section 9 Notice
- Section 10 Generally
- Section 11 Intervention
- Section 12 Public Service Commission Staff
- Section 13 Office of the Public Counsel
- Section 14 Discovery
- Section 15 Prehearing Conferences
- Section 16 Subpoenas and Subpoenas Duces Tecum
- Section 17 Enforcement of Discovery
- Section 18 Presiding Officer
- Section 19 Evidence
- Section 20 Local Public Hearings
- Section 21 Settlement of Cases
- Section 22 Summary Disposition
- Section 23 Briefs and Oral Argument
- Section 24 Orders and Decisions
- Section 25 Conclusion as to Practice and Procedure
- Section 26 Introduction
- Section 27 Orders and Decisions of the Public Service Commission
- Section 28 Review of Orders of Rulemaking
- Section 29 Perfection of Appeal Before the Public Service Commission
- Section 30 Rehearing Granted
- Section 31 Perfection of Judicial Review Before the Circuit Court
- Section 32 Scope of Review of Public Service Commission’s Orders and Decisions
- Section 33 Review by Application for a Writ of Certiorari or Review
- Section 34 Perfection of Appeal From the Circuit Court’s Decision
- Section 35 Scope of Review by the Court of Appeals
- Section 36 Effect of Public Service Commission’s Order or Decision Pending Appeal
- Section 37 Conclusion as to Appeals
- Section 38 Additional Sources
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