Power of division of motor carrier and railroad safety to ascertainvaluation of common carriers--hearings.
387.300. 1. The division of motor carrier and railroad safety shallhave the power to ascertain the value of the property of every motorcarrier in this state and every fact which in its judgment may or does haveany bearing on such value. The division shall have power to makerevaluations from time to time and to ascertain all new construction,extensions and additions to the property of every motor carrier.
2. For the purpose of ascertaining the matters and things specifiedin this section concerning the value of the property of motor carriers thedivision may cause a hearing or hearings to be held at such time or timesor place or places as the division may designate. Before any hearing ishad, the division shall give the motor carrier affected thereby at leastthirty days' written notice, specifying the time and place of such hearing,and such notice shall be sufficient to authorize the division to inquireinto the matters designated in this section, but this provision shall notprevent the division from making any preliminary examination orinvestigation into the matters herein referred to, or from inquiring intosuch matters in any other investigation or hearing. All motor carriersaffected shall be entitled to be heard and to introduce evidence at suchhearing or hearings. The division is empowered to resort to any othersource of information available which information shall be offered inevidence on such hearing. The evidence introduced at such a hearing or atsuch hearings shall be reduced to writing and certified under the seal ofthe division.
3. The division shall make and file its findings of fact in writingupon all matters concerning which evidence shall have been introducedbefore it which in its judgment have bearing on the value of the propertyof the motor carrier affected. Such findings shall be subject to review byany circuit court of this state in the same manner and within the same timeas other orders and decisions of the division. The findings of thedivision so made and filed, when properly certified under the seal of thedivision, shall be admissible in evidence in any action, proceeding orhearing before the division or any court in which the division, the stateor any officer, department or institution thereof, or any county, city,municipality or other body politic and the motor carrier affected may beinterested, whether arising under the provisions of this chapter orotherwise, and such findings when so introduced shall be conclusiveevidence of the acts therein stated as of the date therein stated underconditions then existing, and such facts can only be controverted byshowing a subsequent change in conditions bearing upon the facts thereindetermined.
4. The division may from time to time cause further hearings andinvestigations to be had for the purpose of making revaluations orascertaining the value of any betterments, improvements, additions orextensions made by any motor carrier subsequent to any prior hearing orinvestigation, and may examine into all matters which may change, modify oraffect any findings of fact previously made, and may at such time makefindings of fact supplementary to those theretofore made. Such hearingsshall be had upon the same notice and be conducted in the same manner, andthe findings so made shall have the same force and effect as is providedherein for such original notice, hearing and findings; provided, that suchfindings made at such supplemental hearings or investigations shall beconsidered in connection with and as a part of the original findings exceptinsofar as such supplemental findings shall change or modify the findingsmade at the original hearing or investigation.
Power of division of motor carrier and railroad safety to ascertainvaluation of common carriers--hearings.
387.300. 1. The division of motor carrier and railroad safety shallhave the power to ascertain the value of the property of every motorcarrier in this state and every fact which in its judgment may or does haveany bearing on such value. The division shall have power to makerevaluations from time to time and to ascertain all new construction,extensions and additions to the property of every motor carrier.
2. For the purpose of ascertaining the matters and things specifiedin this section concerning the value of the property of motor carriers thedivision may cause a hearing or hearings to be held at such time or timesor place or places as the division may designate. Before any hearing ishad, the division shall give the motor carrier affected thereby at leastthirty days' written notice, specifying the time and place of such hearing,and such notice shall be sufficient to authorize the division to inquireinto the matters designated in this section, but this provision shall notprevent the division from making any preliminary examination orinvestigation into the matters herein referred to, or from inquiring intosuch matters in any other investigation or hearing. All motor carriersaffected shall be entitled to be heard and to introduce evidence at suchhearing or hearings. The division is empowered to resort to any othersource of information available which information shall be offered inevidence on such hearing. The evidence introduced at such a hearing or atsuch hearings shall be reduced to writing and certified under the seal ofthe division.
3. The division shall make and file its findings of fact in writingupon all matters concerning which evidence shall have been introducedbefore it which in its judgment have bearing on the value of the propertyof the motor carrier affected. Such findings shall be subject to review byany circuit court of this state in the same manner and within the same timeas other orders and decisions of the division. The findings of thedivision so made and filed, when properly certified under the seal of thedivision, shall be admissible in evidence in any action, proceeding orhearing before the division or any court in which the division, the stateor any officer, department or institution thereof, or any county, city,municipality or other body politic and the motor carrier affected may beinterested, whether arising under the provisions of this chapter orotherwise, and such findings when so introduced shall be conclusiveevidence of the acts therein stated as of the date therein stated underconditions then existing, and such facts can only be controverted byshowing a subsequent change in conditions bearing upon the facts thereindetermined.
4. The division may from time to time cause further hearings andinvestigations to be had for the purpose of making revaluations orascertaining the value of any betterments, improvements, additions orextensions made by any motor carrier subsequent to any prior hearing orinvestigation, and may examine into all matters which may change, modify oraffect any findings of fact previously made, and may at such time makefindings of fact supplementary to those theretofore made. Such hearingsshall be had upon the same notice and be conducted in the same manner, andthe findings so made shall have the same force and effect as is providedherein for such original notice, hearing and findings; provided, that suchfindings made at such supplemental hearings or investigations shall beconsidered in connection with and as a part of the original findings exceptinsofar as such supplemental findings shall change or modify the findingsmade at the original hearing or investigation.
Power of division of motor carrier and railroad safety to ascertainvaluation of common carriers--hearings.
387.300. 1. The division of motor carrier and railroad safety shallhave the power to ascertain the value of the property of every motorcarrier in this state and every fact which in its judgment may or does haveany bearing on such value. The division shall have power to makerevaluations from time to time and to ascertain all new construction,extensions and additions to the property of every motor carrier.
2. For the purpose of ascertaining the matters and things specifiedin this section concerning the value of the property of motor carriers thedivision may cause a hearing or hearings to be held at such time or timesor place or places as the division may designate. Before any hearing ishad, the division shall give the motor carrier affected thereby at leastthirty days' written notice, specifying the time and place of such hearing,and such notice shall be sufficient to authorize the division to inquireinto the matters designated in this section, but this provision shall notprevent the division from making any preliminary examination orinvestigation into the matters herein referred to, or from inquiring intosuch matters in any other investigation or hearing. All motor carriersaffected shall be entitled to be heard and to introduce evidence at suchhearing or hearings. The division is empowered to resort to any othersource of information available which information shall be offered inevidence on such hearing. The evidence introduced at such a hearing or atsuch hearings shall be reduced to writing and certified under the seal ofthe division.
3. The division shall make and file its findings of fact in writingupon all matters concerning which evidence shall have been introducedbefore it which in its judgment have bearing on the value of the propertyof the motor carrier affected. Such findings shall be subject to review byany circuit court of this state in the same manner and within the same timeas other orders and decisions of the division. The findings of thedivision so made and filed, when properly certified under the seal of thedivision, shall be admissible in evidence in any action, proceeding orhearing before the division or any court in which the division, the stateor any officer, department or institution thereof, or any county, city,municipality or other body politic and the motor carrier affected may beinterested, whether arising under the provisions of this chapter orotherwise, and such findings when so introduced shall be conclusiveevidence of the acts therein stated as of the date therein stated underconditions then existing, and such facts can only be controverted byshowing a subsequent change in conditions bearing upon the facts thereindetermined.
4. The division may from time to time cause further hearings andinvestigations to be had for the purpose of making revaluations orascertaining the value of any betterments, improvements, additions orextensions made by any motor carrier subsequent to any prior hearing orinvestigation, and may examine into all matters which may change, modify oraffect any findings of fact previously made, and may at such time makefindings of fact supplementary to those theretofore made. Such hearingsshall be had upon the same notice and be conducted in the same manner, andthe findings so made shall have the same force and effect as is providedherein for such original notice, hearing and findings; provided, that suchfindings made at such supplemental hearings or investigations shall beconsidered in connection with and as a part of the original findings exceptinsofar as such supplemental findings shall change or modify the findingsmade at the original hearing or investigation.
