(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.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 10 - Transportation Of Passengers And Freight Generally
Subchapter 4 - Freight — Railroads
§ 23-10-401. Definition for §§ 23-10-432 — 23-10-437 and 23-12-605
§ 23-10-402. Definition for §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431
§ 23-10-403. Application of §§ 23-10-402, 23-10-405, 23-10-406, 23-10-409 — 23-10-431
§ 23-10-404. Remedies in §§ 23-10-438 — 23-10-440 cumulative
§ 23-10-405. Remedies in §§ 23-10-406, 23-10-409 — 23-10-431 cumulative
§ 23-10-407. Reasonable rules for transportation of freight permitted
§ 23-10-408. Contracts or rules abridging liability of railroad void
§ 23-10-409. Free or reduced rate transportation permitted
§ 23-10-410. Discrimination as to freight prohibited — Pooling, rebates, etc., prohibited
§ 23-10-411. Forwarding freight over connecting lines — Preferences prohibited — Exceptions
§ 23-10-412. Demurrage charges generally
§ 23-10-413. Duty to furnish cars to shipper
§ 23-10-414. Duty to furnish cars — Interstate railroads
§ 23-10-415. Duty to exchange and return cars
§ 23-10-416. Loading of cars generally
§ 23-10-417. Cars detained for fault of shipper — Demurrage charges
§ 23-10-418. Receipt and transport of freight — Time restraints
§ 23-10-419. Delivery of freight
§ 23-10-420. Notice to consignee of arrival of freight — Penalty for failure to give
§ 23-10-421. Notice of arrival of freight — Free time
§ 23-10-422. Shipment to consignor's order — Notice
§ 23-10-423. Package freight unloaded by railroad — Storage charges
§ 23-10-424. Unloading cars — Free time — Demurrage charges — Extension of free time
§ 23-10-425. Loading or unloading — Additional free time when weather inclement
§ 23-10-427. Storage of freight after failure to unload — Charges
§ 23-10-428. Refusal of freight — Notice to consignor — Liability for demurrage
§ 23-10-429. Employee demanding or receiving extra pay for furnishing car to shipper — Penalty
§ 23-10-430. Recovery of demurrage, forfeitures, and charges
§ 23-10-432. Duty to furnish cars — Reasonable time for requesting cars
§ 23-10-433. Exceptions to duty to furnish or exchange cars
§ 23-10-434. Liability for failure to furnish or exchange cars — Exceptions
§ 23-10-435. Liability for cars of another railroad
§ 23-10-437. Intrastate freight — Rules
§ 23-10-438. Perishable freight — Duty to furnish cars — Exceptions — Penalty
§ 23-10-439. Perishable freight — Time for loading — Demurrage charges
§ 23-10-440. Forwarding perishable freight — Penalty for failure
§ 23-10-441. Shipper's pass on shipments of livestock or poultry
§ 23-10-442. Shipments of sheep and hogs