(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.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 4 - Regulation of Rates and Charges Generally
Subchapter 6 - Railroads and Other Carriers Generally
§ 23-4-603. Railroads — Charges to be reasonable and just
§ 23-4-604. Railroads and express companies — Schedule of rates
§ 23-4-605. Railroads and express companies — Overcharging prohibited
§ 23-4-606. Continuous railroad lines
§ 23-4-607. Connecting railroad lines — Division of charges
§ 23-4-608. Penalties for violations of §§ 23-4-606 and 23-4-607 — Actions to recover penalties
§ 23-4-609. Connecting railroad lines under one management
§ 23-4-610. Railroads — Through-freight rates and regulations
§ 23-4-611. Railroads — Short lines
§ 23-4-612. Railroads — Switching charges on coal cars
§ 23-4-613. Railroads — Bills of lading
§ 23-4-614. Railroads — Freight rates on crushed stone, sand, and gravel
§ 23-4-615. Railroads — Sleeping car tariffs
§ 23-4-616. Railroads — Additional charge for stopping at other than regular station
§ 23-4-617. Railroads — Passengers without tickets
§ 23-4-618. Railroads — Ejection of passengers upon failure to pay fare
§ 23-4-619. Railroads — Rate reductions
§ 23-4-620. Notice of rate changes
§ 23-4-621. Rate changes to be reflected in schedules
§ 23-4-622. Investigation of rate changes
§ 23-4-623. Suspension of proposed rates
§ 23-4-624. Interim implementation of suspended rates
§ 23-4-625. Rate increase not effective until final order
§ 23-4-626. Authority of department to fix rates — Apportionment of increase
§ 23-4-628. Issuance of commission's order — Rates to be collected
§ 23-4-629. Surcharge to collect rates increased by courts
§ 23-4-630. Refunds of excessive rate collections under bond
§ 23-4-631. Refunds of excessive bonded collections — Order not stayed during rehearing
§ 23-4-632. Surcharge to collect excessive refunds
§ 23-4-633. Petition for mandamus
§ 23-4-634. Suit to compel refunds — Proceeds