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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 1 - ARKANSAS PUBLIC SERVICE COMMISSION (§§ 23-2-101 — 23-2-113) › Section 23-2-112 - Rural and Community Liaison - General job responsibilities

(a)
The Rural and Community Liaison will serve as a two-way communication link between the Arkansas Public Service Commission and utility customers in Arkansas, particularly those in rural areas.
(b)
(1)
The liaison is responsible for:
(A)
Providing information to communities and rural utility customers concerning utility matters within the jurisdiction of the commission; and
(B)
Identifying questions and concerns that rural utility customers may have concerning utility issues and relaying those concerns to the members of the commission and to the commission staff.
(2)
In the performance of these duties, the liaison will work with stakeholders in rural areas and communities, including legislators, civic and community leaders, customers and customer groups, and rural utility personnel.
Acts 2003, No. 1321, § 14.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 1 - ARKANSAS PUBLIC SERVICE COMMISSION (§§ 23-2-101 — 23-2-113) › Section 23-2-113 - Registration as lobbyist - Time limit for eligibility

A member of the Arkansas Public Service Commission is not eligible to be registered as a lobbyist under §
21-8-601
et seq. until one (1) year after the expiration of the individual's service on the commission.
Added by Act 2013, No. 486,§ 3, eff. 8/16/2013.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 2 - TRANSPORTATION (§§ 23-2-201 — 23-2-212) › Section 23-2-201 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Department" means the Arkansas Department of Transportation; and
(2)
"Transportation" means the carriage of persons and property for compensation by air, rail, water, carrier pipelines, or motor carriers.
Amended by Act 2017, No. 707,§ 90, eff. 8/1/2017.
Acts 1957, No. 132, § 1; A.S.A. 1947, § 73-151.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 2 - TRANSPORTATION (§§ 23-2-201 — 23-2-212) › Section 23-2-207 - [Repealed]

Repealed by Act 2017, No. 707,§ 91, eff. 8/1/2017.
Acts 1957, No. 132, § 6; A.S.A. 1947, § 73-157.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 2 - TRANSPORTATION (§§ 23-2-201 — 23-2-212) › Section 23-2-208 - [Repealed]

Repealed by Act 2017, No. 707,§ 92, eff. 8/1/2017.
Acts 1957, No. 132, § 7; A.S.A. 1947, § 73-158.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 2 - TRANSPORTATION (§§ 23-2-201 — 23-2-212) › Section 23-2-209 - Jurisdiction of commission

(a)
The jurisdiction of the State Highway Commission shall extend to and include all matters pertaining to the regulation, certification, and review of assessment for ad valorem taxation and operation of all carriers providing a transportation service for compensation.
(b)
Nothing in this subchapter shall vest the commission with jurisdiction as to any rate, charge, rule, regulation, order, hearing, investigation, or other matter pertaining to the operation within the limits of any municipality of any carrier operating wholly within a municipality.
(c)
[Repealed.]
Amended by Act 2017, No. 707,§ 93, eff. 8/1/2017.
Acts 1957, No. 132, § 9; A.S.A. 1947, § 73-160; Acts 1991, No. 802, § 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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 2 - TRANSPORTATION (§§ 23-2-201 — 23-2-212) › Section 23-2-210 - [Repealed]

Repealed by Act 2017, No. 707,§ 94, eff. 8/1/2017.
Acts 1957, No. 132, § 11; A.S.A. 1947, § 73-162.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 2 - TRANSPORTATION (§§ 23-2-201 — 23-2-212) › Section 23-2-211 - Proceedings before department

(a)
In the exercise of its jurisdiction, the Arkansas Department of Transportation shall have the power to promulgate reasonable rules and regulations governing procedure before the department and for other purposes.
(b)
The department shall have full power to decide all matters which come before the department.
(c)
Any order made by the department shall be subject to the same right of appeal by any party to the proceedings as is prescribed by §
23-2-425
or as may be otherwise provided by law.
Amended by Act 2017, No. 707,§ 95, eff. 8/1/2017.
Acts 1957, No. 132, §§ 9, 10; A.S.A. 1947, §§ 73-160, 73-161.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 2 - TRANSPORTATION (§§ 23-2-201 — 23-2-212) › Section 23-2-212 - Expenses

(a)
All expenses incurred by the Arkansas Department of Transportation under the provisions of this subchapter, including the actual and necessary traveling and other expenses and disbursements incurred while on business of the department, shall be paid from the funds provided for the use of the department.
(b)
All costs of operation and maintenance of the department shall be paid by vouchered warrants drawn on the Treasurer of State from appropriations made for such purposes by the General Assembly.
(c)
The department shall follow the same procedures used or established by law in writing vouchers, itemizing accounts, in expenses, keeping of records, of salaries, and in general, the cost accounting method of keeping records in the same manner as is prescribed by law for the Arkansas Public Service Commission.
Amended by Act 2017, No. 707,§ 96, eff. 8/1/2017.
Acts 1957, No. 132, §§ 7, 8; A.S.A. 1947, §§ 73-158, 73-159.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-301 - Powers and jurisdiction of commission generally

The commission is vested with the power and jurisdiction, and it is made its duty, to supervise and regulate every public utility defined in §
23-1-101
and to do all things, whether specifically designated in this act, that may be necessary or expedient in the exercise of such power and jurisdiction, or in the discharge of its duty.
Acts 1935, No. 324, § 8; Pope's Dig., § 2071; A.S.A. 1947, § 73-202.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-302 - Jurisdiction of commission - "Company" defined

(a)
The jurisdiction of the commission shall extend to and include:
(1)
(A)
All matters pertaining to the regulation and operation of all:
(i)
Common carriers;
(ii)
Railroads;
(iii)
Express companies;
(iv)
Car companies;
(v)
Freight lines;
(vi)
Toll bridges;
(vii)
Ferries;
(viii)
Steamboats;
(ix)
Street railroads;
(x)
Telegraph companies;
(xi)
Telephone companies;
(xii)
Pipeline companies for transportation of oil, gas, and water;
(xiii)
Gas companies;
(xiv)
Electric lighting companies and other companies furnishing gas or electricity for light, heat, or power purposes;
(xv)
Hydroelectric companies for the generation and for transmission of light, heat, or power; and
(xvi)
Water companies furnishing water within municipalities for municipal, domestic, or industrial use.
(B)
Nothing in this act shall vest the commission with jurisdiction as to any rate, charge, rule, regulation, order, hearing, investigation, or other matter pertaining to the operation within the limits of any municipality of any street railroad, telephone company, gas company, pipeline company for transportation of oil, gas, or water, electric company, water company, hydroelectric company, or other company operating a public utility or furnishing public service as to which jurisdiction may be elsewhere conferred in this act upon any municipal council or city commission. Notwithstanding the jurisdiction of the municipality as to the above matters within the limits of the municipality, the commission shall have, and is delegated, the authority and duty to require all utility companies now furnishing public service within the limits of any municipality to furnish and continue furnishing that service to the municipality although the right of regulation of the utility as to rates and all other matters within the municipality is elsewhere in this act conferred upon the municipal councils or city commissions, subject to right of appeal to the courts.
(C)
Further, nothing in this act shall vest the commission with jurisdiction as to any improvement district or municipality furnishing gas or electricity for any purpose; and
(2)
All other jurisdictions, if any, possessed by the Arkansas Railroad Commission [abolished] under the laws of Arkansas in force on March 31, 1919.
(b)
For the purpose of this act, and in the construction of this act, every person, firm, association, company, partnership, corporation, or other organizations engaged in the operation of any public utility above indicated shall be deemed to be a company within the meaning of this act.
Acts 1919, No. 571, § 5; C. & M. Dig., § 1618; Acts 1921, No. 124, § 3; Pope's Dig., § 2002; A.S.A. 1947, § 73-115.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-303 - Jurisdiction over intrastate transportation services

Nothing contained in this act shall be construed as giving the Arkansas Public Service Commission any jurisdiction over taxicab or truck service in cities or towns, and of railroad, taxicab, or motor bus service between cities or towns, jurisdiction over which is vested in the Arkansas Department of Transportation.
Amended by Act 2017, No. 707,§ 97, eff. 8/1/2017.
Acts 1935, No. 324, § 1; Pope's Dig., § 2064; Acts 1967, No. 234, § 4; 1973, No. 125, § 1; A.S.A. 1947, § 73-201.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-305 - Rules

The commission is empowered after hearing and upon notice to make and from time to time in like manner to alter or amend such reasonable rules pertaining to the operation, accounting, service, and rates of public utilities and of the practice and procedure governing all investigations by and hearings and proceedings before the commission as it may deem proper and not inconsistent with this act.
Acts 1935, No. 324, § 8; Pope's Dig., § 2071; A.S.A. 1947, § 73-202.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-306 - Systems of accounts

The commission may establish by order a uniform system of accounts to be kept by any public utility subject to the commission's jurisdiction or may classify the public utilities and establish a system of accounts for each class, and the commission may prescribe the manner in which the accounts shall be kept.
Acts 1935, No. 324, § 22; Pope's Dig., § 2085; A.S.A. 1947, § 73-221.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-307 - Inventories of property may be required

The commission shall have the power and authority by order to require any public utility from time to time to furnish on forms prescribed by the commission a verified, itemized, and detailed inventory or appraisal of any or all of its property as to which the commission should have knowledge in order to enable it to perform its duties under this act.
Acts 1935, No. 324, § 21; Pope's Dig., § 2084; A.S.A. 1947, § 73-220.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-308 - Reports by utilities may be required

(a)
The commission may require any public utility to file:
(1)
Annual reports in such form and of such content and at such time as the commission may require; and
(2)
Special reports concerning any matter about which the commission is authorized to inquire or to keep itself informed.
(b)
All reports shall be under oath.
Acts 1935, No. 324, § 51; A.S.A. 1947, § 73-140.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-309 - Information to be furnished commission on request

At any time, the commission may require persons, firms, associations, or corporations, so far as they may be subject to its jurisdiction under the terms of this act, to furnish any information which may be in his, her, its, or their possession respecting the rates, tolls, fares, charges, or practices in conducting his, hers, its, or their service. They may also be required to furnish the commission at all times for its inspection any books or papers or reports and statements. The reports and statements shall be under oath when required by the commission. The form of all reports required under this act shall be prescribed by the commission.
Acts 1919, No. 571, § 11; C. & M. Dig., §§ 1663, 1664, 1686, 1687; Acts 1921, No. 124, § 8; Pope's Dig., §§ 1980, 1990, 1991, 2007; A.S.A. 1947, § 73-123.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-310 - Investigations, examinations, testing, etc

(a)
(1)
The commission, whenever it may be necessary in the performance of its duties, may investigate and examine the condition and operation of public utilities or any particular utility.
(2)
In conducting such investigations, the commission may proceed either with or without a hearing as it may deem best, but it shall make no order without affording a hearing to the affected parties.
(b)
The commissioners and the officers and employees of the commission, during all reasonable hours, may from time to time enter upon any premises occupied by any public utility or upon or in which any of the utility's property is located for the purpose of making any investigation, examination, or test, or for exercising any power under this act. The commission may set up and use on such premises any apparatus and appliances necessary therefor.
(c)
The public utility shall have the right to be represented at the making of such investigations and examinations, tests, and inspections.
Acts 1935, No. 324, § 22; Pope's Dig., § 2085; A.S.A. 1947, § 73-221.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-311 - Entry and inspection of utility property

The commission shall have power, through its members, inspectors, or employees, to enter into, upon, and to inspect the property of any public utility so far as may be proper, in order to exercise the jurisdiction conferred upon the commission in this act.
Acts 1919, No. 571, § 11; C. & M. Dig., §§ 1663, 1664, 1686, 1687; Acts 1921, No. 124, § 8; Pope's Dig., §§ 1980, 1990, 1991, 2007; A.S.A. 1947, § 73-123.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-312 - Refusal to permit inspection or examination - Cancellation of charter

(a)
The failure or refusal of any public utility, if persisted in, to permit the inspection or examination of its physical properties, premises, plants, equipment, accessories, books, papers, files, documents, contracts, agreements, or accounts shall be deemed cause for the cancellation of its charter or license to do business in this state.
(b)
When such a fact is certified to the Secretary of State by the commission, he or she shall cancel the charter or license of the offending utility to transact business in this state.
Acts 1935, No. 324, § 60; Pope's Dig., § 2120; A.S.A. 1947, § 73-256.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-313 - Subpoena powers - Compelling attendance and testimony

(a)
The commission shall have the power, either as a commission or by any of its members, to subpoena witnesses and take testimony and administer oaths to any witness in any proceeding or examination instituted before it or conducted by it in reference to any matter within its jurisdiction.
(b)
In all hearings and proceedings before the commission, the evidence of witnesses and the production of the documentary evidence may be required at any designated place of hearing.
(c)
(1)
In case of disobedience to a subpoena or other process, the commission may invoke the aid of the Pulaski County Circuit Court in requiring the evidence and testimony of witnesses and the production of papers, books, and documents.
(2)
The court, in case of refusal to obey the subpoena issued to any person or to any public service corporation subject to the provisions of this act, shall issue an order calling the public service corporation or any person to appear before the commission and produce all books and papers if so ordered and give evidence touching the matter in question.
(3)
Any failure to obey the order of the court may be punished by the court as contempt thereof.
(d)
A claim that any testimony or evidence may tend to incriminate the person giving it shall not excuse the witness from testifying, but the witness shall not be prosecuted for any offense concerning which he or she is compelled to testify pursuant to this section.
Acts 1919, No. 571, § 11; C. & M. Dig., §§ 1663, 1664, 1686, 1687; Acts 1921, No. 124, § 8; Pope's Dig., §§ 1980, 1990, 1991, 2007; A.S.A. 1947, § 73-123.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-314 - Fees charged by commission

(a)
The commission shall charge and collect the following fees:
(1)
Two hundred dollars ($200) for filing each application for a certificate of public convenience and necessity as required by §§
23-3-201
-
23-3-205
; and
(2)
Such fees for copying and certifying the copy of any filed document as shall be determined by the commission from time to time after reasonable notice and hearing.
(b)
No fees shall be charged or collected for copies of papers, records, or official documents furnished to public officers for use in their official capacity or for the annual reports of the commission in the ordinary course of distribution.
(c)
All fees charged and collected by the commission shall be paid daily, accompanied by a detailed statement thereof, into the State Treasury.
Acts 1935, No. 324, § 53; Pope's Dig., § 2113; A.S.A. 1947, § 73-114; Acts 1989, No. 742, § 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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-315 - Reports by commission

The Arkansas Public Service Commission shall make and submit to the Governor during the month of June of each year a report containing a full and complete account of its transactions and proceedings for the preceding calendar year, together with such other facts, suggestions, and recommendations as it may deem of value to the people of the state.
Acts 1935, No. 324, § 14; Pope's Dig., § 2077; A.S.A. 1947, § 73-141; Acts 1989, No. 594, § 1; 2009, No. 246, § 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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 3 - GENERAL REGULATORY AUTHORITY OF COMMISSIONS (§§ 23-2-301 — 23-2-316) › Section 23-2-316 - Records of commission open to public - Exceptions - Protective orders

(a)
All facts and information, including all reports, records, files, books, accounts, papers, and memoranda in the possession of the commission, shall be public and open to public inspection at all reasonable times.
(b)
(1)
Whenever the commission determines it to be necessary in the interest of the public or, as to proprietary facts or trade secrets, in the interest of the utility to withhold such facts and information from the public, the commission shall do so.
(2)
The commission may take such action in the nature of, but not limited to, issuing protective orders, temporarily or permanently sealing records, or making other appropriate orders to prevent or otherwise limit public disclosure of facts and information.
Acts 1935, No. 324, § 27; Pope's Dig., § 2090; Acts 1981, No. 913, § 1; A.S.A. 1947, § 73-226.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-401 - Definition

As used in §§
23-2-421
-
23-2-424
, unless the context otherwise requires, the term "the commission" refers to the Arkansas Public Service Commission or to whatever successor agency might in the future be vested with the duties, responsibilities, powers, authorities, and jurisdiction of that commission.
Acts 1973, No. 231, § 1; A.S.A. 1947, § 73-229.3.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-402 - Powers of commission, commissioners, and examiners

The commission and each of the commissioners and examiners specifically designated to make investigations, for the purposes mentioned in this act, may:
(1)
Issue subpoenas, subpoenas duces tecum, and all necessary process in proceedings pending before the commission, a commissioner, or an examiner;
(2)
Administer oaths, examine witnesses, compel the production of records, books, papers, files, documents, contracts, correspondence, agreements, or accounts necessary for any investigation being conducted; and
(3)
Certify official acts.
Acts 1935, No. 324, § 23; Pope's Dig., § 2086; A.S.A. 1947, § 73-222.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-403 - Evidence and pleading

(a)
The Arkansas Public Service Commission and the Arkansas Department of Transportation shall prescribe the rules of procedure and for taking of evidence in all matters that may come before them.
(b)
On the investigations, preparations, and hearing of cases, the commission and the department shall not be bound by the strict technical rules of pleading and evidence, but they may exercise such discretion as will facilitate their efforts to ascertain the facts bearing upon the right and justice of the matters before them.
Amended by Act 2017, No. 707,§ 98, eff. 8/1/2017.
Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-127.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-405 - Service of process, notices, complaints, etc

(a)
All process issued by the commission shall extend to all parts of the state, and any such process, together with the service of all notices issued by the commission, as well as copies of complaints, rules, and orders of the commission, may be served by any person authorized to serve process issued out of courts of law, or by mail, as the commission may direct.
(b)
In instances in which service is had by mail, a duplicate of the instrument served shall be enclosed, upon which duplicate the person served shall endorse the date of his or her receipt of the original and promptly return the duplicate to the commission.
(c)
Any person who fails, neglects, or refuses to promptly return the receipt and duplicate shall be guilty of a Class A misdemeanor.
Amended by Act 2019, No. 315,§ 2376, eff. 7/24/2019.
Acts 1935, No. 324, § 29; Pope's Dig., § 2092; A.S.A. 1947, § 73-228; Acts 2005, No. 1994, § 203.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-406 - Oaths - Testimony

Any commissioner, secretary, or assistant secretary employed by the Arkansas Public Service Commission or the Arkansas Department of Transportation may administer oaths and take testimony.
Amended by Act 2017, No. 707,§ 99, eff. 8/1/2017.
Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-407 - Subpoenas for witnesses - Issuance and service

Subpoenas for witnesses shall be issued by the secretary, assistant secretary, or any commissioner of the Arkansas Public Service Commission or the Arkansas Department of Transportation and shall be served as provided by law for the service of other subpoenas.
Amended by Act 2017, No. 707,§ 100, eff. 8/1/2017.
Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-408 - Subpoenas duces tecum

The commission may require, by order served on any public utility in the manner provided in this act for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers, or records of the public utility, or of any affiliate of the utility relating to the public utility's business or affairs within the state, pertinent to any lawful inquiry and kept by the public utility or its affiliate in any office or place without this state.
Acts 1935, No. 324, § 28; Pope's Dig., § 2091; A.S.A. 1947, § 73-227.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-409 - Subpoenas - Failure to comply - Penalty

The failure or refusal of any witness to appear or to produce any books, papers, or documents required by the Arkansas Public Service Commission or the Arkansas Department of Transportation and to submit them to the inspection of the commission or the department or the refusal to answer any questions propounded by the commission or the department shall constitute a violation punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
Amended by Act 2017, No. 707,§ 101, eff. 8/1/2017.
Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130; Acts 2005, No. 1994, § 146.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-410 - Refusal to attend or testify - Contempt proceedings

In case of failure on the part of any person to comply with any lawful order of the commission, of any commissioner, or of any examiner specifically designated to conduct an investigation, or to comply with any subpoena or subpoena duces tecum, or in case of failure to testify concerning any matter on which he or she may be lawfully interrogated, any court of record of general jurisdiction or a judge thereof, upon application of the commission or of any commissioner, may compel obedience by prosecuting proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or of the refusal to testify therein.
Acts 1935, No. 324, § 23; Pope's Dig., § 2086; A.S.A. 1947, § 73-222.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-411 - No person excused from testifying - Exemption from prosecution

(a)
(1)
No person shall be excused from testifying or from producing any book, document, paper, correspondence, or account in any investigation, inquiry by, or hearing before the commission or any commissioner or examiner when ordered to do so upon the ground that the testimony or evidence, book, document, paper, correspondence, or account required of him or her may tend to incriminate him or her or subject him or her to penalty or forfeiture.
(2)
However, no person shall be prosecuted, punished, or subjected to any forfeiture or penalty for, or on account of, any act, transaction, matter, or thing concerning which he or she shall have been compelled under oath to testify or produce documentary evidence.
(b)
No person so testifying shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony.
Acts 1935, No. 324, § 26; Pope's Dig., § 2089; A.S.A. 1947, § 73-225.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-412 - Depositions

The commission, any commissioner, or any party to the proceedings in any investigation or hearing before the commission may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions.
Acts 1935, No. 324, § 24; Pope's Dig., § 2087; A.S.A. 1947, § 73-223.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-413 - Perjury

False testimony shall constitute perjury punishable as provided by law.
Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-414 - Witness and mileage fees

(a)
Witnesses who are summoned before the commission shall be paid the same fees and mileage as are paid to witnesses in courts of record.
(b)
Witnesses whose depositions are taken pursuant to the provisions of this act and the officer taking the deposition shall be entitled to the same fees as are paid for like services in such courts.
(c)
Any party to a proceeding at whose instance a subpoena is issued and served shall pay the costs incident thereto and the fees and mileage of all his or her witnesses.
(d)
The mileage and attendance fees shall be paid by the warrant of the Auditor of State, upon the presentation of the proper vouchers sworn to by the witness and approved by the chair of the commission.
(e)
(1)
No witness shall be entitled to any witness fees or mileage if that witness:
(A)
Is directly or indirectly interested in any railroad in this state or outside this state;
(B)
Is in any way interested in any stock, bond, mortgage, security, or earnings of any such railroad; or
(C)
Shall be the agent or employee of such a railroad, or any officer thereof, when summoned at the instance of the railroad.
(2)
No witness furnished with free transportation shall receive pay for the distance he or she may have traveled on free transportation.
Acts 1899, No. 53, § 29, p. 82; C. & M. Dig., § 1688; Acts 1935, No. 324, § 23; Pope's Dig., §§ 1992, 2086; A.S.A. 1947, §§ 73-131, 73-222.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-415 - Hearings generally

(a)
In addition to the hearings specifically provided for by this act, the commission may conduct such other hearings as may be required or expedient in the administration of the powers and duties conferred upon it by this act.
(b)
The commission shall fix the time and place of all hearings and shall serve notice of the hearing not less than ten (10) days before the time set for the hearing, unless the commission finds that public necessity requires that the hearing be held at an earlier date.
(c)
At the time fixed for any hearing before the commission, a commissioner, or examiner, or the time to which any hearing may have been continued, the complainant and the person or corporation complained of shall be entitled in person or by attorney to be heard and to introduce evidence and to examine and cross-examine witnesses.
Acts 1935, No. 324, § 29; Pope's Dig., § 2092; A.S.A. 1947, § 73-228.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-416 - Hearings - Separation or consolidation of complaints

(a)
The commission, in its discretion, when a complaint is made concerning more than one (1) rate, charge, or service, may order separate hearings thereon at such times as it may prescribe.
(b)
The commission may, for the purpose of a hearing, consolidate complaints when no injustice will arise from the consolidation.
Acts 1935, No. 324, § 25; Pope's Dig., § 2088; A.S.A. 1947, § 73-224.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-417 - Burden of proof

In all actions and proceedings arising under the provisions of this act, or growing out of the exercise of the authority and powers granted by this act to the commission, the burden of proof shall be upon the parties seeking to avoid compliance with the provisions of this act or with any findings, rules, regulations, or orders of the commission.
Acts 1935, No. 324, § 38; Pope's Dig., § 2101; A.S.A. 1947, § 73-237.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-418 - Records of proceedings and testimony

(a)
A full and complete record shall be kept of all proceedings had before the Arkansas Public Service Commission, the Arkansas Department of Transportation, any commissioner, or any examiner on any formal investigation.
(b)
All testimony shall be recorded by official reporters appointed by the commission or the department.
Amended by Act 2017, No. 707,§ 102, eff. 8/1/2017.
Acts 1935, No. 324, § 32; Pope's Dig., § 2095; Acts 1945, No. 40, § 2; A.S.A. 1947, §§ 73-127, 73-231.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-419 - Quorum

(a)
(1)
A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the Arkansas Public Service Commission.
(2)
No one (1) vacancy for the time being in the commission shall impair the rights of the remaining commissioners to exercise all of the powers of the commission.
(b)
The act of a majority of the commissioners shall be the act of the commission.
Acts 1935, No. 324, § 7; Pope's Dig., § 2070; A.S.A. 1947, § 73-128.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-420 - Orders, findings, rules, certificates, etc., under Acts 1935, No. 324, to be in writing - Copies as evidence

(a)
Every order, finding, authorization, rule, or certificate issued or approved by the commission under any provisions of this act shall be in writing and entered on the records of the commission, all of which shall be public records.
(b)
A certificate under the seal of the commission that any such order, finding, authorization, rule, or certificate has not been modified, stayed, suspended, or revoked shall be received as evidence in all courts as to the facts therein stated.
Amended by Act 2019, No. 315,§ 2377, eff. 7/24/2019.
Acts 1935, No. 324, § 32; Pope's Dig., § 2095; A.S.A. 1947, § 73-231.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-421 - Findings and orders of commission

(a)
The Arkansas Public Service Commission's decision shall be in sufficient detail to enable any court in which any action of the commission is involved to determine the controverted question presented by the proceeding.
(b)
A copy of the order certified under the seal of the commission shall be served upon the person or corporation against whom it runs, or his or her or its attorney. Notice thereof shall be given to the other parties to the proceedings or their attorneys.
(c)
(1)
The order shall take effect and become operative immediately upon the service thereof, unless otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or revoked by the commission, or vacated upon review.
(2)
If an order cannot, in the judgment of the commission, be complied with within the time fixed by the commission, the commission may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order and may, on application and for good cause shown, extend the time for compliance fixed in the order.
Acts 1935, No. 324, § 30; Pope's Dig., § 2093; Acts 1973, No. 231, § 2; 1980 (2nd Ex. Sess.), No. 4, § 2; A.S.A. 1947, § 73-229.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-422 - Commission orders - Rehearings

(a)
Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission may apply for a rehearing within thirty (30) days after the date of mailing of the order of the commission.
(b)
The application for rehearing shall set forth specifically the grounds upon which the application is based.
(c)
Upon receiving the application, the commission shall have power to grant or deny rehearing, to abrogate or modify its order without further hearing, or to reopen the record for the purpose of receiving and considering additional evidence.
(d)
Unless the commission acts upon the application for rehearing within thirty (30) days after it is filed, the application shall be deemed to have been denied.
(e)
An order or decision made after the rehearing abrogating, changing, or modifying the original order or decision shall have the same force and effect as an original order or decision but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision unless so ordered by the commission.
Acts 1973, No. 231, § 3; A.S.A. 1947, § 73-229.1; Acts 1991, No. 811, § 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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-424 - Commission orders - Rehearing or judicial review - Effect on order, stocks, etc

(a)
(1)
The filing of an application for rehearing under §
23-2-422
shall not, unless specifically ordered by the Arkansas Public Service Commission, operate as a stay of the commission's order.
(2)
The commencement of proceedings under §
23-2-423
shall not, unless specifically ordered by the Court of Appeals, operate as a stay of the commission's order.
(b)
The Court of Appeals may enter an order suspending or staying the operation of an order of the commission pending review of the order, provided the other parties are adequately secured against loss due to the delay in the enforcement of the order, in case the order involved is affirmed. The security is to take such form as shall be directed by the court.
(c)
(1)
Any provision of this section, §
23-2-401
, and §§
23-2-421
-
23-2-423
notwithstanding, if the commission order involves rate changes which have already been made effective under bond pursuant to §
23-4-408
, then the order shall take effect not less than twenty (20) days following service.
(2)
If in this period an application for rehearing is filed, then the order shall be stayed until such time as the application is ruled on and any judicial appeals are concluded.
(d)
Stocks or stock certificates, bonds, notes, or other evidences of indebtedness issued pursuant to and in accordance with an order of the commission shall be valid and binding in accordance with their terms, notwithstanding that the order of the commission may be or is later abrogated, vacated, changed, modified, or otherwise held to be wholly or partially invalid, unless, prior to issuance, the operation or effectiveness of the order has been stayed or suspended by the commission or a reviewing court.
Acts 1973, No. 231, § 3; 1985, No. 770, § 1; A.S.A. 1947, § 73-229.1; Acts 1987, No. 265, § 2.