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.

Before the effective date of the...