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 10 - TRANSPORTATION OF PASSENGERS AND FREIGHT GENERALLY (§§ 23-10-101 — 23-10-445) › Subchapter 4 - FREIGHT - RAILROADS (§§ 23-10-401 — 23-10-445) › Section 23-10-406 - Penalties for violations of sections 23-10-402, 23-10-403, 23-10-405, and 23-10-409 - 23-10-431, or rules of department - Actions to recover

(a)
If any person or corporation operating a railroad in this state for the transportation of freight, or any receiver, trustee, or lessee of any such person or corporation, or any other person or corporation as defined in §
23-10-402
or its employees or agents violate any of the provisions of §§
23-10-402
,
23-10-403
,
23-10-405
, and
23-10-409
-
23-10-431
, or aid or abet therein, or violate the tariff of charges or the rules of the Arkansas Department of Transportation as fixed by the department regarding railroad companies upon furnishing cars upon application of shippers, and regarding transportation, delivery, and storage of freight, forbidden pooling, discrimination, rebate, drawback, or other similar device, either directly or indirectly, or regarding any of the rules made by the department based upon §§
23-10-402
,
23-10-403
,
23-10-405
, and
23-10-409
-
23-10-431
, and for which there is no other penalty prescribed in §§
23-10-402
,
23-10-403
,
23-10-405
, and
23-10-409
-
23-10-431
, then the person, corporation, receiver, trustee, lessee, or any other person or corporation as defined in §
23-10-402
shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§
23-10-402
,
23-10-403
,
23-10-405
, and
23-10-409
-
23-10-431
, or of such rules of the department based upon §§
23-10-402
,
23-10-403
,
23-10-405
, and
23-10-409
-
23-10-431
.
(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 an action for the recovery of the penalties prescribed in §§
23-10-402
,
23-10-403
,
23-10-405
, and
23-10-409
-
23-10-431
through the prosecuting attorney of the proper district.
(B)
The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.
(C)
If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department shall employ some other competent attorney at law to bring the suit who shall be allowed a fee to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.
(3)
No such suits shall be dismissed or compromised without the consent of the court and the department.
(c)
Nothing in this section shall be so construed as to interfere in any manner with the action for damages as provided in §
23-10-431
.
Amended by Act 2019, No. 315,§ 2399, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 146, eff. 8/1/2017.
Acts 1907, No. 193, § 22, p. 453; C. & M. Dig., § 914; Pope's Dig., § 1118; A.S.A. 1947, § 73-1329.