reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-411 - Failure of commission to reach timely decision - Conditional implementation of suspended rates

In the event no final rate determination has been made upon the schedule for new rates within ten (10) months after the date the schedule for new rates was filed with the Arkansas Public Service Commission, the public utility may put the suspended rate into effect for all bills rendered thereafter immediately upon the filing of a bond to be approved by the commission payable to the State of Arkansas in such amount and with sufficient security to insure prompt payment of any refunds to the persons entitled thereto, including an interest rate as determined by the commission not to exceed the maximum interest otherwise allowed by law, if the rate or rates so put into effect are finally determined to be excessive. There may be substituted for the bond other arrangements satisfactory to the commission for the protection of the parties interested.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-412 - Issuance of commission order - Rates to be collected

Notwithstanding any other provisions of this act, upon issuance of the findings and order of the Arkansas Public Service Commission as prescribed in §
23-2-421
, no public utility subject to the order shall continue to collect any rates theretofore permitted to be collected under bond. The public utility shall be permitted to collect only those rates set in the order of the commission, and those rates shall be effective throughout any rehearing and judicial review proceedings permitted and prescribed in §§
23-2-422
-
23-2-424
.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-413 - Surcharge to collect rates increased by courts

(a)
In the event that the rates set in the order of the Arkansas Public Service Commission subsequently are determined to have been inadequate, either on rehearing or in accordance with court decision on judicial review, the public utility subject to the order shall be entitled to impose a surcharge on the affected customers for collection of the increased rates that otherwise would have been collected during the period between the effective date of the initial order and the effective date of the rates as increased, together with interest as determined by the commission at a rate not to exceed the maximum interest rate otherwise allowed by law.
(b)
This surcharge shall be assessed over a period equal to the period between the date of the initial order and the effective date of the rates, as increased.
(c)
The surcharge shall be distributed among the affected customers in proportion to the amounts those customers were charged during the period between the date of the initial order and the effective date of the rates, as increased.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-414 - Refunds of excessive rate collections under bond

In the event a public utility has implemented under bond or other arrangements as a matter involving an immediate and impelling necessity pursuant to §
23-4-408
an amount which exceeds that allowed by the Arkansas Public Service Commission in its final order, the commission shall order the immediate refund of the excessive bonded collections.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-415 - Refunds of excessive bonded collections - Order not stayed during rehearing

An application for rehearing pursuant to §
23-2-422
filed by a party aggrieved by the final order of the Arkansas Public Service Commission shall not stay the effectiveness of the order as it pertains to refunds of excessive bonded collections.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-416 - Surcharge to collect excessive refunds

In the event that the amount of refunds ordered by the Arkansas Public Service Commission in its final order is subsequently determined to have been excessive, either on rehearing or in accordance with a court decision on judicial review, the public utility subject to the order shall be entitled to impose an additional surcharge on the affected customers to recover that portion of the refunds to which it was entitled, together with interest as determined by the commission at a rate not to exceed the maximum interest rate otherwise allowed by law. The surcharge shall be assessed over a period equal to the period between the date the rates were implemented under bond and the date of the commission's final order. The surcharge shall be distributed among the affected customers in proportion to the amount of refunds those customers received.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-417 - Petition for mandamus

If the Arkansas Public Service Commission's order is not issued before the expiration of the period of suspension, the filed rates shall remain subject to refund as provided in §
23-4-414
, but the applicant utility shall have the right to petition the Pulaski County Circuit Court for a writ of mandamus compelling the issuance of an order by the commission within fifteen (15) days of the writ of mandamus issued by the Pulaski County Circuit Court. The petition shall be advanced on the docket above all other pending civil cases and a hearing thereon shall be held within seven (7) days of the filing of the petition. The scope of review shall be limited to the issue of the failure of the commission to act within the time limits provided for in this act.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-418 - Suit to compel refunds - Proceeds

(a)
If the public utility fails to make refunds within thirty (30) days after the effective date of the order requiring such refunds, the Arkansas Public Service Commission shall bring suit in the name of the State of Arkansas for the use and benefit of all those entitled to a refund in any court of competent jurisdiction and shall recover the amount of all refunds due, together with interest thereon at a rate not to exceed the maximum rate otherwise allowed by law, and all court costs.
(b)
No suit to recover the refunds shall be maintained unless instituted within two (2) years after the final determination.
(c)
The amount recovered shall be paid to the clerk of the court where the suit was pending, and it shall be the clerk's duty to distribute the amount recovered to the persons entitled thereto as directed by the order of judgment of the court.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-419 - Applications for additional increases

(a)
No public utility which has filed an application with the Arkansas Public Service Commission for a general increase in the utility rates charged by the utility shall be permitted by the commission to file an additional application for a general rate increase until thirty (30) days after the occurrence of whichever of the following events first occurs:
(1)
The commission makes a final rate determination as required by §
23-4-409
in the last previous general rate application then under consideration by the commission; or
(2)
The ten-month period following the filing of the utility's previous general rate application expires and no final rate determination has been made with respect to the utility's previous general rate application within the ten-month period.
(b)
However, an application for a change in rates filed pursuant to §
23-4-501
et seq. shall not be considered a general rate increase for the purposes of this section.
(c)
It is the intent and purpose of this section to expedite the orderly and speedy determination by the commission of public utility rate filing applications and to enable the commission to devote sufficient staff time and commission effort in regard thereto without being overburdened by additional rate filings by the same public utility until the rate application then under consideration has been considered and a final decision and order entered by the commission.
Acts 1981 (Ex. Sess.), No. 24, §§ 1, 2; 1985, No. 339, § 1; A.S.A. 1947, §§ 73-217.7, 73-217.8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-420 - Reports on status of applications

(a)
Quarterly, the Arkansas Public Service Commission shall appear before the Legislative Council, file a written report, and make such oral reports as the Legislative Council may request concerning the status of all utility rate applications pending before the commission, including:
(1)
An identification of the cases filed;
(2)
The status of staff progress, if any;
(3)
The schedule of hearings and deadlines established for disposition of each case;
(4)
The date on which hearings have been held or are scheduled to be held; and
(5)
The projected date of completion of hearings and issuance of a final order in connection with each case.
(b)
In the event the commission has failed to conclude a hearing and issue an order on a particular rate application within the deadlines established by law, the commission shall file with the Legislative Council a detailed statement of the reasons for the delay or failure to complete the hearing and ruling thereon within the deadline set by law, and shall advise the Legislative Council of any impact or effect thereof upon the ratepayers of the utility.
(c)
The Legislative Council shall schedule an appropriate date and shall give notice thereof to the commission of the date on which the commission is to appear before the Legislative Council to make its quarterly report, as requested in this section.
Acts 1981 (Ex. Sess.), No. 30, § 5; A.S.A. 1947, § 73-217.6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-421 - No changes allowed in terms of employment subject to collective bargaining agreement

In establishing public utility rates, the Arkansas Public Service Commission shall not reduce or otherwise change any wage rate, benefit, working condition, or other term or condition of employment that is the subject of a collective bargaining agreement between the public utility and a labor organization.
Acts 1991, No. 578, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 5 - UTILITIES - SPECIAL SURCHARGES (§§ 23-4-501 — 23-4-509) › Section 23-4-501 - Authority to recover costs through interim rate schedule

(a)
(1)
Upon a proper filing with the Arkansas Public Service Commission, a public utility shall be permitted to recover in a prompt and timely manner all investments and expenses through an interim surcharge, if the investments or expenses:
(A)
Are not currently being recovered in existing rates;
(B)
Are reasonably incurred;
(C)
Were not reasonably known and measurable at a time that allowed for a reasonable opportunity for the inclusion and consideration of the investments or expenses for recovery in the public utility's last general rate case;
(D)
Are incurred by the public utility to comply with legislative or administrative rules or requirements;
(E)
Relate to the protection of the public health, safety, or the environment;
(F)
Cannot otherwise be recovered in a prompt and timely manner; and
(G)
Are any of the following:
(i)
Mandatory;
(ii)
A condition of continued operation of a utility facility; or
(iii)
Previously approved by the commission.
(2)
The interim surcharge shall be effective until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments or expenses can be included in the public utility's base rate schedule.
(3)
However, the costs to be recovered through such an interim surcharge described in subdivisions (a)(1) and (2) of this section shall not include increases in the cost for employment compensation or benefits as a result of legislative or regulatory action.
(b)
(1)
A public utility shall be permitted to recover, through an interim surcharge, the allowance for funds used during construction that would otherwise be accrued and capitalized that is incurred during the construction of facilities and equipment required for compliance with such legislative or administrative rules or requirements, provided that any such allowance for funds used during construction has not been capitalized or otherwise included in the utility's currently effective rates.
(2)
The public utility shall not capitalize or otherwise recover through rates any allowance for funds used during construction incurred in connection with investments described in subdivision (b)(1) of this section when the associated financing costs are included in an interim surcharge.
Amended by Act 2019, No. 315,§ 2394, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2393, eff. 7/24/2019.
Amended by Act 2015, No. 1000,§ 2, eff. 4/2/2015.
Acts 1981, No. 310, § 1; A.S.A. 1947, § 73-217.1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 5 - UTILITIES - SPECIAL SURCHARGES (§§ 23-4-501 — 23-4-509) › Section 23-4-502 - Filing interim rate schedule

A public utility as defined in §
23-1-101
may recover all investments and expenses described in §
23-4-501
by filing with the Arkansas Public Service Commission, no more frequently than one (1) time every six (6) months, an interim rate schedule that would impose a separate surcharge in addition to its currently effective rates until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments and expenses can be included in the public utility's base rate schedules.
Amended by Act 2015, No. 1000,§ 3, eff. 4/2/2015.
Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 5 - UTILITIES - SPECIAL SURCHARGES (§§ 23-4-501 — 23-4-509) › Section 23-4-503 - Calculation of interim surcharge

The amount of the interim surcharge to be added to the public utility's rates shall be calculated so as to produce annual revenues equal to the additional annualized revenue requirement to which the public utility would be entitled had the investments and expenses described in §
23-4-501
been included in the public utility's most recent rate determination by the Arkansas Public Service Commission.
Amended by Act 2015, No. 1000,§ 4, eff. 4/2/2015.
Acts 1981, No. 310, § 3; A.S.A. 1947, § 73-217.3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 5 - UTILITIES - SPECIAL SURCHARGES (§§ 23-4-501 — 23-4-509) › Section 23-4-504 - Surcharge effective upon filing

The surcharge shall become effective immediately upon filing.
Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 5 - UTILITIES - SPECIAL SURCHARGES (§§ 23-4-501 — 23-4-509) › Section 23-4-505 - Investigation by commission

The Arkansas Public Service Commission shall enter upon an investigation concerning the reasonableness of the surcharge within thirty (30) days after filing and upon reasonable notice to the utility.
Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 5 - UTILITIES - SPECIAL SURCHARGES (§§ 23-4-501 — 23-4-509) › Section 23-4-506 - Collection subject to refund

The surcharge shall be collected subject to refund, and the Arkansas Public Service Commission may require reasonable security to assure the prompt payment of any refunds that may be ordered.
Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 5 - UTILITIES - SPECIAL SURCHARGES (§§ 23-4-501 — 23-4-509) › Section 23-4-507 - Modification or disapproval of surcharge

(a)
After its investigation and hearing thereon, the Arkansas Public Service Commission may modify or disapprove all or any portion of the surcharge upon a finding that:
(1)
The investments or expenses were not reasonably incurred to comply with legislative or administrative rules or requirements;
(2)
The investments or expenses do not relate to the protection of the public health, safety, or the environment;
(3)
The investments or expenses were not substantiated;
(4)
The amount of the surcharge has been erroneously calculated;
(5)
The investments or expenses are already being recovered in existing rates;
(6)
The investments or expenses were reasonably known and measurable at a time that allowed for a reasonable opportunity for their inclusion and consideration for recovery in the public utility's last general rate case;
(7)
The investments or expenses were not reasonably incurred;
(8)
The investments or expenses can otherwise be recovered in a prompt and timely manner;
(9)
The allocation of the surcharge among the customers of the public utility is unreasonable; or
(10)
The investments or expenses were not:
(A)
Mandatory;
(B)
A condition of continued operation of a utility facility; or
(C)
Previously approved by the commission.
(b)
(1)
If the commission determines that the allocation of the surcharge among the customers of the utility should be modified, it shall fix and determine the appropriate allocation among the utility's customers which shall be applied prospectively.
(2)
The commission shall further direct the utility to credit or charge, as the case may be, the affected classes of customers whose surcharges were determined to be improperly allocated for the period between the effective date of the surcharge and the effective date of the modification. As to those classes of customers entitled to credits, the utility also shall pay interest on those credits, as applicable.
(c)
If the commission determines that all or any portion of the proposed surcharge should be disapproved under subsection (a) of this section, the commission shall determine the just and reasonable amount of the surcharge to be charged or applied by the public utility after the time the proposed surcharge took effect. In the same order, the commission shall fix the amounts, plus interest, if any, to be refunded to the utility's customers.
Amended by Act 2019, No. 315,§ 2395, eff. 7/24/2019.
Amended by Act 2015, No. 1000,§ 6, eff. 4/2/2015.
Amended by Act 2015, No. 1000,§ 5, eff. 4/2/2015.
Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 5 - UTILITIES - SPECIAL SURCHARGES (§§ 23-4-501 — 23-4-509) › Section 23-4-508 - Application for rehearing no stay of order

An application for rehearing pursuant to §
23-2-422
filed by a party aggrieved by an order of the Arkansas Public Service Commission entered pursuant to this subchapter shall not stay the effectiveness of the order of the commission.
Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 5 - UTILITIES - SPECIAL SURCHARGES (§§ 23-4-501 — 23-4-509) › Section 23-4-509 - Inadequate surcharges permitted by commission - Additional surcharges

(a)
In the event that the amount of the surcharge permitted by the order of the Arkansas Public Service Commission is subsequently determined to have been inadequate, either on rehearing or in accordance with a court decision on judicial review, the public utility subject to such an order shall be entitled to impose an additional surcharge on the affected customers to recover that portion of the surcharge which was not approved by the commission which should have been collected during the period between the effective date of the initial order and the final determination or rehearing or by the court on judicial review.
(b)
The surcharge shall be assessed over a period equal to the period between the date of the initial order and the effective date of the final determination on rehearing or by the court on judicial review.
(c)
The surcharge shall be distributed among the affected customers in proportion to the amounts those customers were charged during the period between the date of the initial order and the final determination on rehearing or by the court on judicial review.
Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-601 - Construction of sections 23-4-602, 23-4-608 - 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101

Nothing in §§
23-4-602
,
23-4-608
-
23-4-610
,
23-4-615
,
23-4-706
,
23-10-301
, and
23-11-101
shall be so construed as to amend or repeal any act prior to May 28, 1907, in force, nor to curtail or limit the powers and duties of the Arkansas Department of Transportation.
Amended by Act 2017, No. 707,§ 110, eff. 8/1/2017.
Acts 1907, No. 422, § 8, p. 1137; C. & M. Dig., § 1617; Pope's Dig., § 1942; A.S.A. 1947, § 73-1415.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-602 - Violations of sections 23-4-601, 23-4-608 - 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101, tariff of charges, or rules of department - Penalties - Recovery

(a)
If any person or corporation operating a railroad or express company in this state or any receiver, trustee, or lessee of any such person or corporation violates any of the provisions of §§
23-4-601
,
23-4-608
-
23-4-610
,
23-4-615
,
23-4-706
,
23-10-301
, and
23-11-101
, or aids or abets therein, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department and for which there is no other penalty prescribed, then such a person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§
23-4-601
,
23-4-608
-
23-4-610
,
23-4-615
,
23-4-706
,
23-10-301
, and
23-11-101
or such tariff of charges or rules and regulations.
(b)
(1)
The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which such a violation may occur.
(2)
(A)
The department shall institute actions for the recovery of the penalties prescribed in §§
23-4-601
,
23-4-608
-
23-4-610
,
23-4-615
,
23-4-706
,
23-10-301
, and
23-11-101
through the prosecuting attorney of the proper district.
(B)
The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.
(C)
If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit, who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected.
(3)
No suit shall be dismissed or compromised without the consent of the court and of the department. In such cases the prosecuting attorney shall not interfere.
(c)
In all trials of cases brought for violation of any tariff of charges by the department, it may be shown in evidence that the tariff so fixed was unjust.
(d)
Nothing in this section shall be so construed as to in any manner interfere with any action for damages which may be provided by law.
Amended by Act 2017, No. 707,§ 111, eff. 8/1/2017.
Acts 1907, No. 422, § 7, p. 1137; C. & M. Dig., § 1695; Pope's Dig., § 1998; A.S.A. 1947, § 73-1414.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-603 - Railroads - Charges to be reasonable and just

All charges made for any service rendered or to be rendered in the transportation of passengers or property on any railroad in this state, or in connection therewith, or for receiving, delivering, storing, or handling such property shall be reasonable and just. Every unjust and unreasonable charge for such a service is prohibited and declared to be unlawful.
Acts 1887, No. 81, § 9, p. 113; C. & M. Dig., § 857; Pope's Dig., § 1061; A.S.A. 1947, § 73-1401.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-604 - Railroads and express companies - Schedule of rates

(a)
In order to ascertain what the regular charge of those companies are, all railroad and express companies doing business in this state are required to keep in all their offices in this state a schedule of the regular rates charged by them, which shall be open to the inspection of any person interested therein.
(b)
Any agent of any railroad or express company who fails or refuses to show the schedule of rates of the company to any person interested therein and allow him or her to examine the schedule of rates as provided in subsection (a) of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
Amended by Act 2023, No. 180,§ 2, eff. 8/1/2023.
Acts 1897, No. 53, §§ 3, 5, p. 72; C. & M. Dig., §§ 873, 875, 10250a; Pope's Dig., §§ 1077, 1079, 14260; A.S.A. 1947, §§ 73-1404, 73-1406.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-605 - Railroads and express companies - Overcharging prohibited

(a)
All agents of railroad and express companies doing business in this state are prohibited from charging, collecting, or receiving pay for any goods, wares, packages, merchandise, or any article whatever that may be sent or received by or through their respective offices in excess of the regular rates charged for those articles.
(b)
Any person who violates subsection (a) of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
Amended by Act 2023, No. 180,§ 3, eff. 8/1/2023.
Acts 1897, No. 53, §§ 1, 4, p. 72; C. & M. Dig., §§ 872, 874, 10250a; Pope's Dig., §§ 1076, 1078, 14260; A.S.A. 1947, §§ 73-1402, 73-1405.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-606 - Continuous railroad lines

(a)
In all cases where there is, by physical connection of railroads, a continuous line of railway communication between railroad stations within this state, whether such stations are on railroads operated by one and the same company or corporation or on railroads operated by different and independent companies or corporations, it shall be the duty of the Arkansas Department of Transportation, to and from such stations, to make just and reasonable rates for freight, express, and passenger traffic, to be observed by all persons, companies, or corporations operating any railroad or engaged in transporting persons or property as express or freight in this state.
(b)
(1)
All persons, companies, or corporations operating any railroad in this state that forms part of a continuous line of railroad communication to any point in this state shall issue through-passenger tickets and check baggage through to and from points on the continuous line of communication at through-rates and fares.
(2)
All freight and traffic carried wholly within this state to and from stations on lines of continuous carriage aforesaid shall be waybilled through at through-rates and tolls from point of departure to point of arrival without being rebilled at junction points. In cases of carload freights, the forwarding carrier shall receive and forward the same in cars in which the freight is tendered without breaking bulk of package.
Amended by Act 2017, No. 707,§ 112, eff. 8/1/2017.
Acts 1903, No. 130, §§ 2, 3, p. 218; C. & M. Dig., §§ 860, 1646; Pope's Dig., §§ 1064, 1967; A.S.A. 1947, §§ 73-1408, 73-1409.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-607 - Connecting railroad lines - Division of charges

If any two (2) or more connecting lines of railroad in this state fail to agree upon a fair and just division of the charges arising from the transportation of freights, passengers, or cars over their lines, the Arkansas Department of Transportation shall make the division and shall fix the pro rata part of such charges to be received by each of the connecting lines.
Amended by Act 2017, No. 707,§ 113, eff. 8/1/2017.
Acts 1903, No. 130, § 4, p. 218; C. & M. Dig., § 1647; Pope's Dig., § 1968; A.S.A. 1947, § 73-1410.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-608 - Penalties for violations of sections 23-4-606 and 23-4-607 - Actions to recover penalties

(a)
If any person or corporation operating a railroad or express company in this state, or any receiver, trustee, or lessee of any such person or corporation, violates any of the provisions of §§
23-4-606
and
23-4-607
, or aids or abets therein, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department, and for which there is no other penalty prescribed in §§
23-4-606
and
23-4-607
, then the person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§
23-4-606
and
23-4-607
, or such tariff of charges or rules and regulations.
(b)
(1)
The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur.
(2)
(A)
The department shall institute that action and actions for the recovery of the penalties prescribed in §§
23-4-606
and
23-4-607
through the prosecuting attorney of the proper district.
(B)
The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.
(C)
If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.
(3)
No action for the recovery of penalties shall be dismissed or compromised without the consent of the court and of the department.
(c)
In all trials of cases brought for a violation of any tariff charges by the department, it may be shown in defense that the tariff so fixed was unjust.
(d)
Nothing in this section shall be so construed as to in any manner interfere with any action for damages which may be provided by law.
Amended by Act 2017, No. 707,§ 114, eff. 8/1/2017.
Acts 1903, No. 130, § 5, p. 218; A.S.A. 1947, §§ 73-1414, 73-1414n.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-609 - Connecting railroad lines under one management

(a)
Where in this state two (2) or more connecting lines of railroad are operated by, or under, one (1) management or company, or where the majority of the stock of each of two (2) or more railroad companies whose tracks connect is owned or controlled, either directly or indirectly, by any one (1) of these companies, the lines of railroad of all these companies, in respect to the application and making of rates within the meaning and intent of §§
23-4-601
,
23-4-602
,
23-4-608
-
23-4-610
,
23-4-615
,
23-4-706
,
23-10-301
, and
23-11-101
shall be considered as constituting but one and the same railroad.
(b)
Rates for the carriage of freight or passengers over these railroads or any portion of them shall be computed upon a continuous-mileage basis, the same as upon the line of a single railroad company, whether these railroads have separate boards of directors or not.
(c)
The Arkansas Department of Transportation shall have the power to fix different rates for different lines bearing the relation to each other described in this section whenever it finds such action necessary to do justice.
Amended by Act 2017, No. 707,§ 115, eff. 8/1/2017.
Acts 1907, No. 422, § 1, p. 1137; C. & M. Dig., § 861; Pope's Dig., § 1065; A.S.A. 1947, § 73-1411.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-610 - Railroads - Through-freight rates and regulations

(a)
The Arkansas Department of Transportation shall have power, and it is its duty, to investigate all through-freight rates and regulations on railroads in Arkansas.
(b)
(1)
When the through-freight rates and regulations are, in the opinion of the department, excessive or levied in violation of the interstate commerce law or the rules and regulations of the Interstate Commerce Commission [abolished], the officials of the railroads are to be notified of the facts and requested to reduce the rates or make the proper correction, as the case may be.
(2)
When the rates are not changed or the proper corrections are not made according to the request of the department, the department is to notify the Interstate Commerce Commission [abolished] and to apply to it for relief.
Amended by Act 2017, No. 707,§ 116, eff. 8/1/2017.
Acts 1907, No. 422, § 2, p. 1137; C. & M. Dig., § 1630; Pope's Dig., § 1952; A.S.A. 1947, § 73-1412.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-611 - Railroads - Short lines

(a)
Railroad companies having roads not exceeding fifty (50) miles in length may charge for loading, carrying, and unloading freights at a rate of not more than forty cents (40¢) per one hundred pounds (100 lbs.) for any distance.
(b)
(1)
The rates charged by any company may be reduced by the Arkansas Department of Transportation whenever it appears that the net annual profits of the company exceed ten percent (10%) of the amount of capital actually invested.
(2)
However, the rates shall not be reduced so as to reduce the net annual profits of such a company below ten percent (10%) of the amount of its capital actually invested.
(c)
(1)
If any railroad company shall charge more than the rates named in this section, the person paying the charges may recover from that railroad company five (5) times the sum so charged, together with the costs of the action, by action before a justice of the peace or other court having jurisdiction.
(2)
Service of summons in such an action may be made by delivering a copy of the summons to any agent of the company.
Amended by Act 2017, No. 707,§ 117, eff. 8/1/2017.
Acts 1881, No. 42, §§ 1-3, p. 78; C. & M. Dig., §§ 869-871; Pope's Dig., §§ 1073-1075; A.S.A. 1947, §§ 73-1421 -- 73-1423.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-612 - Railroads - Switching charges on coal cars

(a)
When any railroad in Arkansas moves coal in car lots from one (1) switch or spur on its line to a connecting line and the distance is not more than two and one-half (21/2) miles, it shall be allowed to charge and collect for such services three dollars ($3.00) per car.
(b)
If the railroad company performing the service described in subsection (a) of this section also furnishes the car in which the freight is loaded, it shall be permitted to charge and collect ten cents (10¢) per ton for the service so rendered.
(c)
This section shall not apply to switch limits of cities of the first and second class.
(d)
Any railroad company violating the provisions of this section shall be punished as is provided in §
23-4-706
.
Acts 1909, No. 71, §§ 1-3, p. 185; C. & M. Dig., § 868; Pope's Dig., § 1072; A.S.A. 1947, §§ 73-1424 -- 73-1426.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-613 - Railroads - Bills of lading

(a)
It shall be unlawful for any railroad company in this state or its officers, agents, or employees to charge and collect or to endeavor to charge and collect from the owner, agent, or consignee of any freight, goods, wares, or merchandise of any kind or character whatever, a greater sum for transporting the freight, goods, wares, or merchandise than is specified in the bill of lading.
(b)
Any railroad company, its officers, agents, or employees having possession of any goods, wares, or merchandise of any kind or character whatever shall deliver the goods, wares, or merchandise to the owner, his or her agent, or consignee upon payment of the freight charges as shown by the bill of lading.
(c)
Any railroad company, its officers, agents, or employees that refuse to deliver to the owner, agent, or consignee any freight, goods, wares, or merchandise of any kind or character whatever upon the payment, or tender of payment, of the freight charges due as shown by the bill of lading shall be liable in damages to the owner of the freight, goods, wares, or merchandise to an amount equal the amount of the freight charges for every day the freight, goods, wares, or merchandise is held after payment or tender of payment of the charges due as shown by the bill of lading, with the amount to be recovered in any court of competent jurisdiction.
Acts 1885, No. 31, §§ 1-3, p. 35; C. & M. Dig., §§ 863-865; Pope's Dig., §§ 1067-1069; A.S.A. 1947, §§ 73-1427 -- 73-1429.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-615 - Railroads - Sleeping car tariffs

The Arkansas Department of Transportation is authorized and it is its duty to adopt, change, or make reasonable and just rates, charges, and regulations to govern and regulate sleeping car tariffs and service in order to correct abuses and prevent unjust discrimination and extortion in the rates for sleeping cars.
Amended by Act 2017, No. 707,§ 118, eff. 8/1/2017.
Acts 1907, No. 422, § 4, p. 1137; C. & M. Dig., § 1634; Pope's Dig., § 1955; A.S.A. 1947, § 73-1413.