(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.
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