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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-616 - Railroads - Additional charge for stopping at other than regular station

Any railroad company may charge the sum of twenty-five cents (25¢) for the carriage of any passenger who may get on or off a train at other than a regular station.
Acts 1887, No. 129, § 1, p. 227; C. & M. Dig., § 882; Pope's Dig., § 1084; A.S.A. 1947, § 73-1416.
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 23-4-617 - Railroads - Passengers without tickets

All passengers who may fail to procure regular fare tickets shall be transported over all railroads in this state at the same rate and price charged for regular fare tickets for the same service.
Acts 1887, No. 129, § 1, p. 227; C. & M. Dig., § 883; Pope's Dig., § 1085; A.S.A. 1947, § 73-1417.
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 23-4-618 - Railroads - Ejection of passengers upon failure to pay fare

If any passenger shall refuse to pay his or her fare or toll, it shall be lawful for the conductor of the train and the servants of the corporation to put him or her out of the cars at any usual stopping place the conductor shall select.
Acts 1868, No. 71, § 30, p. 290; C. & M. Dig., § 881; Pope's Dig., § 1083; A.S.A. 1947, § 73-1418.
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 23-4-619 - Railroads - Rate reductions

When any railroad shall be opened for use, the General Assembly may, from time to time, alter or reduce the rates of toll, fare, freights, or other profits upon the road. However, the rates shall not be so reduced without the consent of the corporation as to produce, with the profits, less than fifteen percent (15%) per annum on the capital actually paid in or, unless upon examination of the amounts received and expended to be made by him or her, the Secretary of State shall ascertain that the net income derived by the company from all sources for the year then last past shall have exceeded an annual income of fifteen percent (15%) upon the capital of the corporation actually paid in.
Acts 1868, No. 71, § 29, p. 290; C. & M. Dig., § 862; Pope's Dig., § 1066; A.S.A. 1947, § 73-1407.
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 23-4-620 - Notice of rate changes

(a)
Unless the Arkansas Department of Transportation otherwise orders, no public utility shall make any change in any rate duly established under this act except after thirty (30) days' notice to the department. This notice shall plainly state the change proposed to be made in the rates then in force and the time when the changed rates will go into effect.
(b)
The utility shall also give notice of the proposed changes to other interested parties as the department in its discretion may direct.
(c)
The department, for good cause shown, may allow changes in rates without requiring the thirty (30) days' notice, under such conditions as it may prescribe. All allowed changes shall be immediately indicated upon its schedules by the public utility.
Amended by Act 2017, No. 707,§ 119, eff. 8/1/2017.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-621 - Rate changes to be reflected in schedules

All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules filed and in force at the time and kept open to public inspection.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-622 - Investigation of rate changes

Whenever there is filed with the Arkansas Department of Transportation by any public utility any schedule stating a new rate, the department, either upon complaint or upon its own motion and upon reasonable notice, may enter upon any investigation concerning the lawfulness of the rates.
Amended by Act 2017, No. 707,§ 120, eff. 8/1/2017.
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, § 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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-623 - Suspension of proposed rates

Pending its investigation and the decision thereon, the Arkansas Department of Transportation by written order at any time before the new rate becomes effective may suspend the operation of the rate. However, the suspension shall not be for a longer period than nine (9) months beyond the time when the rate would otherwise go into effect. Any order initially suspending the rate shall set a specific date for the commencement of a hearing inquiring into the rate requested unless waived by the applicant utility.
Amended by Act 2017, No. 707,§ 121, eff. 8/1/2017.
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, § 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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-624 - Interim implementation of suspended rates

(a)
If the public utility contends that an immediate and impelling necessity exists for the requested rate increase, a petition may be filed with the Arkansas Department of Transportation narrating the alleged circumstances and requesting a hearing on the petition.
(b)
The hearing must commence within thirty (30) days from the date of the filing of the petition or at such subsequent time as may be mutually agreeable to the department and the utility.
(c)
If the department finds at the hearing that there is substantial merit to the allegations of the utility's claims, the department may permit all or a portion of the rate to become effective if there is filed with the department a bond to be approved by it, payable to the State of Arkansas in such amount and with such sufficient security to insure the prompt payment of any damages or refunds, with interest, to the persons entitled thereto if the rate so put into effect is finally determined to be excessive or if there is substituted for the bond other arrangements satisfactory to the department for the protection of the parties interested.
(d)
The findings of the department relative to the petition of the utility for the immediate and impelling necessity for relief shall be issued on or before the sixtieth day following the date of filing of the petition.
Amended by Act 2017, No. 707,§ 122, eff. 8/1/2017.
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, § 1; 1985, No. 523, § 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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-625 - Rate increase not effective until final order

Unless the Arkansas Department of Transportation finds an immediate and impelling necessity exists or if the department fails to enter a timely order as provided in §
23-4-624
, no public utility shall place any rate increase into effect until a final decision and order is made by the department.
Amended by Act 2017, No. 707,§ 123, eff. 8/1/2017.
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, § 1; 1985, No. 523, § 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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-626 - Authority of department to fix rates - Apportionment of increase

(a)
If, after the investigation and hearing thereon, the Arkansas Department of Transportation finds the new rate to be unjust, unreasonable, discriminatory, or otherwise in violation of the law or rules of the department, it shall determine and fix the just and reasonable rate to be charged or applied by the utility for the service in question, from and after the time the new rate took effect.
(b)
Until rate schedules in compliance with the department's order can be filed and approved, any rate increase allowed in the department's order shall be apportioned among all classes of customers and shall become effective on all bills rendered thereafter through a temporary surcharge or other equitable means, as shall be prescribed in the order.
Amended by Act 2017, No. 707,§ 124, eff. 8/1/2017.
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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-627 - Failure of department 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 Department of Transportation, 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 department 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 department 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 department for the protection of the parties interested.
Amended by Act 2017, No. 707,§ 125, eff. 8/1/2017.
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, § 1; 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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-628 - Issuance of commission's 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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-629 - Surcharge to collect rates increased by courts

(a)
In the event that the rates set in the order of the Arkansas Department of Transportation 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 department 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.
Amended by Act 2017, No. 707,§ 126, eff. 8/1/2017.
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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-630 - Refunds of excessive rate collections under bond

In the event a public utility shall have implemented under bond or other arrangements as a matter involving an immediate and impelling necessity under §
23-4-624
an amount which exceeds that allowed by the Arkansas Department of Transportation in its final order, the department shall order the immediate refund of the excessive bonded collections.
Amended by Act 2017, No. 707,§ 127, eff. 8/1/2017.
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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-631 - Refunds of excessive bonded collections - Order not stayed during rehearing

An application for rehearing under §
23-2-422
filed by a party aggrieved by the final order of the Arkansas Department of Transportation shall not stay the effectiveness of the order as it pertains to refunds of excessive bonded collections.
Amended by Act 2017, No. 707,§ 128, eff. 8/1/2017.
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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-632 - Surcharge to collect excessive refunds

In the event that the amount of refunds ordered by the Arkansas Department of Transportation 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 department 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 department's final order. The surcharge shall be distributed among the affected customers in proportion to the amount of refunds those customers received.
Amended by Act 2017, No. 707,§ 129, eff. 8/1/2017.
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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-633 - Petition for mandamus

If the Arkansas Department of Transportation order is not issued before the expiration of the period of suspension, the filed rates shall remain subject to refund as provided in §
23-4-630
, 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 department 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 department to act within the time limits provided for in this act.
Amended by Act 2017, No. 707,§ 130, eff. 8/1/2017.
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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-634 - 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 Department of Transportation shall bring suit in the name of the State of Arkansas, for the use and benefits of all those entitled to a refund, in any court of competent jurisdiction and 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. 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.
Amended by Act 2017, No. 707,§ 131, eff. 8/1/2017.
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 6 - RAILROADS AND OTHER CARRIERS GENERALLY (§§ 23-4-601 — 23-4-637) › Section 23-4-635 - Changes in rates by common carriers

(a)
No change shall be made in the rates, fares, and charges or joint rates, fares, and charges that have been filed with the Arkansas Department of Transportation and published by any common carrier in compliance with the requirements of §
23-4-110
except after thirty (30) days' notice to the department and to the public.
(b)
The notice shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges will go into effect.
(c)
The proposed changes shall be shown by printing a new schedule or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection.
(d)
The department, in its discretion and for good cause shown, may allow changes upon less notice than specified in this section or modify the requirements of this section in respect to publishing, posting, and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions.
(e)
The department is authorized to make suitable rules and regulations for the simplification of schedules of rates, fares, charges, and classifications and to permit, in the rules and regulations, the filing of an amendment of or change in any rate, fare, charge, or classification without filing a complete schedule covering rates, fares, charges, or classifications not changed, if, in its judgment, it is not inconsistent with the public interest.
Amended by Act 2017, No. 707,§ 132, eff. 8/1/2017.
Acts 1937, No. 133, § 1; Pope's Dig., § 2128; A.S.A. 1947, § 73-118.
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 23-4-637 - Discriminatory interterritorial freight rates

(a)
The Arkansas Department of Transportation is vested with authority to formulate and adopt plans for a complete and thorough study of and attack on interterritorial freight rates adversely affecting Arkansas. However, the plans shall be subject to approval by the Governor.
(b)
The department is authorized to enter into contracts with rate experts, accountants, counsel, and others, taking into consideration the integrity, honesty, experience, training, and general fitness of those selected.
(c)
The department is authorized and directed, on behalf of the State of Arkansas and with approval by the Governor, to enter into agreements with other states, or associations of states or of governors or other authorized representatives of states, to institute, prosecute, or intervene in proceedings before the Interstate Commerce Commission [abolished] to remove freight rate discriminations against Arkansas and the southern and southwestern territories.
Amended by Act 2017, No. 707,§ 133, eff. 8/1/2017.
Acts 1939, No. 107, §§ 1-3.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-701 - Definition

As used in this act, unless the context otherwise requires, "engaged in transporting persons or property" shall be held to include all carriers of property by railroad, whether the carriers are designated as freight or express.
Acts 1899, No. 53, § 24, p. 82; C. & M. Dig., § 1622; Pope's Dig., § 1944; A.S.A. 1947, § 73-1523.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-702 - Application of Acts 1899, No. 53

(a)
All the provisions of this act shall apply to and include all persons, companies, or corporations carrying property on any railroad as express matter and known as express companies, as fully as if the persons, companies, or corporations were specially named and designated in this act.
(b)
All the provisions of this act shall apply to all property and all the services in and about the transportation thereof on one (1) actually or substantially continuous carriage, or a part thereof, and to the compensation therefor, whether the property is carried wholly on one (1) railroad or partly on several railroads and whether the services are performed or compensation paid or received by, or to, one (1) person or corporation, alone, or in connection with another or other persons or corporations.
Acts 1899, No. 53, §§ 10, 24, p. 82; C. & M. Dig., §§ 877, 1622; Pope's Dig., §§ 1081, 1944; A.S.A. 1947, §§ 73-1514, 73-1523.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-703 - Acts 1899, No. 53, not applicable to interstate traffic

The provisions of this act shall not be construed as to require the Arkansas Department of Transportation to investigate or call upon any railroad or express company for its schedule or tariff of charges in the transportation of passengers or property from any point wholly outside of this state or to in any way interfere with such rates or charges.
Amended by Act 2017, No. 707,§ 134, eff. 8/1/2017.
Acts 1899, No. 53, § 20, p. 82; C. & M. Dig., § 1629; Pope's Dig., § 1951; A.S.A. 1947, § 73-1520.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-704 - Remedies cumulative

The remedies given by this act shall be regarded as cumulative. This act shall not be construed as repealing any statute giving such remedies.
Acts 1899, No. 53, § 30, p. 82; A.S.A. 1947, § 73-1526.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-705 - Violations - Double damages for violations - Actions to recover damages - Joinder of actions

(a)
Each and every act, matter, or thing in this act declared to be unlawful is prohibited.
(b)
In case any person or corporation as defined in this act who, while engaged in the transportation of persons or property, shall do, or permit to be done, any act, matter, or thing in this act required to be done, or shall be guilty of any of the violations of any of the provisions of this act, then that person or corporation shall be held to pay to the person, firm, or corporation injured an amount which is double the amount of damages so sustained, plus all costs. The amount shall be recovered by the person, firm, or corporation so damaged in any court having jurisdiction of the amount, where the person or corporation causing the damage can be found or has an agent or place of business.
(c)
No action for damages shall be sustained unless brought within one (1) year after the cause of action or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action.
(d)
As many causes of action as may have accrued within the year to any one (1) person, firm, or company may be joined in the same suit or complaint.
Acts 1899, No. 53, § 14, p. 82; C. & M. Dig., § 1007; Pope's Dig., § 1216; A.S.A. 1947, § 73-1517.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-706 - Penalties - Actions to recover

(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 this act or aids or abets, 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 this act, 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 this act 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 the action, and actions for the recovery of the penalties prescribed in this act, 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 shall neglect 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 but not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.
(3)
No such suit 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. Nothing in this section shall be so construed as to in any manner interfere with the action for damages as provided in §
23-4-705
.
Amended by Act 2017, No. 707,§ 135, eff. 8/1/2017.
Acts 1899, No. 53, § 18, p. 82; 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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-707 - Rate schedules

(a)
All persons or corporations engaged in the transportation of passengers or property shall and are required to keep posted up at every depot under the control of or in use by those persons or corporations, in a conspicuous place therein, plainly and legibly printed schedules which shall state:
(1)
The different kinds and classes of property to be carried;
(2)
The different places between which property shall be carried; and
(3)
The rate of freight or express charges for carriage between such places and for all services connected with the transportation of such property from the time of its receipt until it is delivered or forwarded.
(b)
(1)
The schedules shall be posted for at least five (5) days before the schedule shall go into effect, and the schedule shall remain in force until another schedule shall, as aforesaid, be posted.
(2)
However, at such points where freight or express are subject to competition by water routes not controlled by this act nor complying with its provisions, the schedule provided for in this section may be posted and go into immediate effect.
(c)
Every person or corporation engaged in the transportation of passengers or property shall receive, load, unload, transport, store, and deliver to the consignee of the property any and all of it offered for shipment, whether as freight or express matter, and these services shall be done at and for charges not greater than those specified in the schedule as may at that time be in force. The person or corporation shall, on demand, issue to shippers duplicate freight or express receipts which shall state the class of freight shipped, the weight, and the charges.
Acts 1899, No. 53, § 10, p. 82; C. & M. Dig., § 877; Pope's Dig., § 1081; A.S.A. 1947, § 73-1514.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-708 - Rate sheets and tariff charges furnished department by railroads

(a)
Every person or corporation operating any railroad or express business in this state is required to furnish the Arkansas Department of Transportation, within fifteen (15) days after notice to do so, with the rate sheet and tariff charges for transportation of every kind over the railroad.
(b)
The department shall fix rates and tariffs of charges accordingly for those express companies and railroads, the officers of which fail to furnish rate sheets or tariffs of charges as required in subsection (a) of this section.
Amended by Act 2017, No. 707,§ 136, eff. 8/1/2017.
Acts 1899, No. 53, § 9, p. 82; C. & M. Dig., § 1627; Pope's Dig., § 1949; A.S.A. 1947, § 73-1513.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-709 - Ratemaking procedure

(a)
It shall be the duty of the Arkansas Department of Transportation to:
(1)
Examine and revise the rate sheet and tariff charges for freight or express matter for each railroad in this state;
(2)
Determine whether or not, and in what manner, if any, the charges and rates are more than just and reasonable compensation for the services rendered; and
(3)
Determine whether or not and in what manner, if any, such charges and rates are in violation of any of the provisions of this act.
(b)
The department:
(1)
Will make reasonable and just rates of freight, express, and passenger tariffs to be observed by all persons and corporations operating any railroad or engaged in transporting persons or property as express or freight in this state;
(2)
Shall make rules as to charges at any and all points for the necessary hauling and delivering of express and freight; and
(3)
Will regulate rates and charges for such services on all railroads as, in their judgment, justice to the public and the person or corporation requires and by rule make the rates and charges conform to the requirements of this act.
(c)
The department, in making such rules and regulations, shall first give the person or corporation to be affected notice to appear and show cause, if it can, why no change should be made in the rates then in force and shall take into consideration the character and nature of the service to be performed, the entire earnings of any railroad or express company, the expense of operating the railroad or express company, and the income and value thereof.
(d)
When any tariff of charges is corrected and approved, the department shall append a certificate of its approval to the tariff of charges and give notice thereof to any officer or agent of the railroad or express company to be affected thereby. The tariff of charges shall be kept posted for at least five (5) days before the tariff and charges shall go into effect.
(e)
The department shall not alter or change any tariff of charges so approved by it except upon ten (10) days' notice in writing to the person or corporation operating the express company or railroad to be affected by the change, giving the person or corporation an opportunity to be heard. The notice is to be given by delivering a copy thereof to any officer or agent of the person or corporation.
Amended by Act 2019, No. 315,§ 2396, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 137, eff. 8/1/2017.
Acts 1899, No. 53, § 9, p. 82; C. & M. Dig., § 1627; Pope's Dig., § 1949; A.S.A. 1947, § 73-1513.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-710 - Discrimination in passenger or freight rates or services prohibited

(a)
It shall be unlawful for any person or corporation engaged alone or associated with others in the transportation of passengers or property by railroad in this state, as freight or express, directly or indirectly, to demand or receive from any person, firm, company, or corporation any greater or lesser rate or amount of compensation than is demanded or received from any other person, firm, company, or corporation for substantially similar and contemporaneous services. Nor shall any person or corporation allow any person, firm, company, or corporation, directly or indirectly, any rebate, drawback, or other advantage in any form, or to make any preference in furnishing cars or motive power.
(b)
All persons or corporations engaged as specified in subsection (a) of this section shall furnish, without discrimination or delay, equal and sufficient facilities for the transportation of passengers, the receiving, loading and unloading, storing, carriage, and delivery of all property of a like character carried by him or her, them, or it. The persons or corporations shall perform, with equal expedition and at uniform rates, the same kind of services connected with the contemporaneous transportation of passengers or property as aforesaid.
(c)
It shall be unlawful for any person or corporation engaged as specified in subsection (a) of this section to enter into any contract or agreement by changes of schedule, use of different cars, or any other means or device with intent to delay or prevent the shipment of such property from being continuous from the place of shipment to the place of destination, whether carried on one (1) or more railroads.
Acts 1899, No. 53, § 11, p. 82; C. & M. Dig., § 849; Pope's Dig., § 1053; A.S.A. 1947, § 73-1512.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-711 - Contracts for pooling freight or dividing revenues prohibited

It shall be unlawful for any person or corporation engaged in the transportation of passengers or property, as mentioned in §
23-4-710
, to make or enter into any contract, agreement, or combination, directly or indirectly, for the pooling of freight, or to pool the freight of the different railroads or lines by dividing between them the gross or net earnings of those railroads or any part thereof, or by equalizing, evening up, or dividing the property or passengers carried by those railroads.
Acts 1899, No. 53, § 12, p. 82; C. & M. Dig., § 876; Pope's Dig., § 1080; A.S.A. 1947, § 73-1515.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-712 - Differentiation in compensation for long and short hauls prohibited

It shall be unlawful for any person or corporation engaged as specified in §
23-4-710
to demand or receive a greater amount of compensation for services rendered for a similar amount and kind of property as a charge for receiving, storing, loading, unloading, carrying, or delivering the property under similar circumstances and conditions and demand or receive a greater compensation for a shorter distance than for a longer distance which includes the shorter distance. The road of any person or corporation shall include all the railroads in use by the person or corporation, whether owned or operated by the person or corporation under a contract, agreement, or lease by the person or corporation or with which the person or corporation has a traffic contract.
Acts 1899, No. 53, § 13, p. 82; C. & M. Dig., § 878; Pope's Dig., § 1082; A.S.A. 1947, § 73-1516.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-713 - Reduced rate tickets allowed

Nothing in this act shall be so construed as to prevent any person or corporation operating a railroad in this state from issuing or selling at reduced rates emigrant, excursion, or commutation tickets, or from carrying free or at reduced rates any property for schools, churches, fairs, exhibitions, or charitable institutions, or for this state or the United States Government, or any of the United States.
Acts 1899, No. 53, § 12, p. 82; C. & M. Dig., § 876; Pope's Dig., § 1080; A.S.A. 1947, § 73-1515.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-714 - Complaints - Investigation

It shall be the duty of the Arkansas Department of Transportation, upon the complaint of any person, company, or corporation in writing, charging any person or corporation with discrimination or overcharge, to investigate the complaint and take such action in the premises as is provided in this act and which the facts in the case justify.
Amended by Act 2017, No. 707,§ 138, eff. 8/1/2017.
Acts 1899, No. 53, § 23, p. 82; C. & M. Dig., §§ 1631, 1690; Pope's Dig., §§ 1953, 1994; A.S.A. 1947, § 73-1522.
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 7 - RAILROADS AND EXPRESS COMPANIES - ESTABLISHING RATES (§§ 23-4-701 — 23-4-720) › Section 23-4-715 - Complaints - Hearings

It shall be the duty of the Arkansas Department of Transportation to hear all complaints made by any person, firm, or corporation against any such tariff of charges so approved, to hear the parties to the controversy in person or by attorney, or both. The department may take testimony, orally or in writing, and regulate argument thereon and conduct the investigation of such complaints in such manner as to the department may seem best adapted to arrive at the truth. When any changes are made in any tariff of charges, notice thereof shall be given to the person or corporation to be affected thereby.
Amended by Act 2017, No. 707,§ 139, eff. 8/1/2017.
Acts 1899, No. 53, § 15, p. 82; C. & M. Dig., § 1689; Pope's Dig., § 1993; A.S.A. 1947, § 73-1518.