Section 9 Notice

• Library: Administrative Law 2011

Because the PSC acts in a quasi-judicial or quasi-legislative capacity in the course of carrying out its delegated powers, its proceedings are subject to the basic requirements of due process. State ex rel. Fischer v. Pub. Serv. Comm’n of Mo., 645 S.W.2d 39 (Mo. App. W.D. 1982), cert. denied, 464 U.S. 819 (1983). Notice requirements applicable to PSC practice and procedure are found in the PSC Law, the PSC’s rules and regulations, and the MoAPA. See §9.2, supra.

Principal among these is the requirement of § 386.710.2, RSMo 2000, which states that copies of tariffs, initial pleadings, and applications in all PSC proceedings are to be served on the Office of the Public Counsel, the public’s advocate. See §9.13, infra. The PSC Law also contains provisions concerning timeliness of notice...