State v. Carroll

PREWITT, Presiding Judge.

At the direction of the Public Service Commission, its general counsel brought this action under § 390.156, RSMo 1978, seeking the penalties provided in § 390.176-1, RSMo 1978. The petition alleged that respondent operated as a contract carrier in Pulaski County, Missouri, between September 29,1979 and December 31,1979, without a permit issued by the Public Service Commission. § 390.061, RSMo 1978. The trial court sustained respondent’s motion to dismiss.

Respondent contends that the Public Service Commission must first hold a hearing and determine if respondent was…