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.
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