(a) If any person or corporation operating a railroad or express company in this state, or any receiver, trustee, or lessee of any such person or corporation, violates any of the provisions of this act or aids or abets, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department and for which there is no other penalty prescribed in this act, then the person or corporation, receiver, trustee, or lessee 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 this act or such tariff of charges or rules and regulations.
(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 the action, and actions for the recovery of the penalties prescribed in this act, 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 shall neglect for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit who shall be allowed a fee therefor to be fixed by the court but not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.
(3) No such suit shall be dismissed or compromised without the consent of the court and of the department.
(c) In all trials of cases brought for a violation of any tariff charges by the department, it may be shown in defense that the tariff so fixed was unjust. Nothing in this section shall be so construed as to in any manner interfere with the action for damages as provided in § 23-4-705.
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 7 - Railroads and Express Companies — Establishing Rates
§ 23-4-702. Application of Acts 1899, No. 53
§ 23-4-703. Acts 1899, No. 53, not applicable to interstate traffic
§ 23-4-704. Remedies cumulative
§ 23-4-706. Penalties — Actions to recover
§ 23-4-708. Rate sheets and tariff charges furnished department by railroads
§ 23-4-709. Ratemaking procedure
§ 23-4-710. Discrimination in passenger or freight rates or services prohibited
§ 23-4-711. Contracts for pooling freight or dividing revenues prohibited
§ 23-4-712. Differentiation in compensation for long and short hauls prohibited
§ 23-4-713. Reduced rate tickets allowed
§ 23-4-714. Complaints — Investigation
§ 23-4-715. Complaints — Hearings
§ 23-4-716. Liability as to rates approved by department
§ 23-4-718. Access to railroad books by department — Penalties