PURPOSE: This rule defines terms used in the rules comprising 4 CSR 265-2 Practice and Procedure.

Editor’s Note: The following material is incorporated into this rule by reference: 1) Missouri Division of Transportation, Single State Registration System (SSRS) Procedures Manual (Jefferson City, MO: Department of Economic Development Revised July 1, 1994); 2) Section 4005 of Title IV of Public Law 102-240 (49 U.S. Code 11506) (Washington: U.S. Government Printing Office, 1993). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) Administrative law judge means one of the administrative law judges appointed to the division.
2. (2) Administrative law judge section means the section of the division consisting of the three (3) administrative law judges, acting together or independently.
3. (3) Applicant means any person on whose behalf application is made before the division for permission or authorization which the division is empowered to grant under its statutory or other delegated authority.
4. (4) Complainant means any person, corporation or municipality on whose behalf a complaint is filed with the division.
5. (5) Corporation includes a corporation, company, association or joint stock association, or limited liability company.
6. (6) Counsel means the counsel to the division and includes all deputies and assistants.
7. (7) Director means the chief administrative officer of the division.
8. (8) Division means the Division of Transportation as created by Chapter 622, RSMo.
9. (9) Division staff means all division personnel other than those individuals assigned to the administrative law judge section.
10. (10) Intervenor means a person petitioning to intervene before the division, either in support of or in opposition to the relief being requested, and who is granted the right to participate as a party.
11. (11) Municipality includes a city, town, village, county or other political subdivision.
12. (12) Participant without intervention means any person allowed by the division to take part in a proceeding before it without formal intervention or designation as a party.
13. (13) Partnership is an association of two (2) or more persons to carry on as co-owners a business for profit and includes a registered limited liability partnership.
14. (14) Party includes any applicant, complainant or respondent and any person having intervened in proceedings before the division.

(15 Person includes any individual, business entity or governmental entity.

1. (16) Pleading means any application, complaint, petition, answer, protest or motion made to the division, including any appendices, documents and exhibits attached to or incorporated by reference in the pleading.
2. (17) Respondent means any person against whom any complaint is filed or to whom an order or notice is issued by the division on its own initiative instituting a proceeding or an investigation.
3. (18) Shipper means the person who controls the transportation provided by a carrier, and refers to the actual shipper rather than an intermediary. The shipper may be nominally either the consignor or consignee, but must be one or the other. The payment of the charges for the transportation is evidence that the person who pays is the person who controls the transportation, and the person who pays is presumed to be the shipper. However, this presumption is rebuttable, and can be rebutted by evidence demonstrating that a person not paying the transportation charges actually controls the selection of the carrier and the routing of the shipment, who would be presumed to be the shipper in such an instance.
4. (19) Single State Registration System (SSRS) Procedures Manual means the procedures 4 CSR 265-2

manual for the registration of interstate motor carrier operations in this state under the authority of the Interstate Commerce Commission (ICC), which implements the SSRS under Section 4005 of Title IV of P.L. 102- 240 (49 U.S.C. 11506), and which is adopted by the division.

AUTHORITY: section 622.027, RSMo 1994.* Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997.

*Original authority: 622.027, RSMo 1985, 1993, 1995.