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Subchapter 1 - General Provisions
§ 23-4-101. Authority of commission or department to establish rates — Exceptions - (a) With respect to the particular public utilities and matters...
§ 23-4-102. Commission's authority over interstate rates, charges, classifications, and other actions - (a) The Arkansas Public Service Commission shall have the power...
§ 23-4-103. Rates and rules to be reasonable - All rates made, demanded, or received by any public utility,...
§ 23-4-104. Charges, rates, etc., to be just, reasonable, and in compliance with Acts 1919, No. 571, and Acts 1921, No. 124 - (a) All charges, tolls, fares, and rates shall be just...
§ 23-4-105. Rate schedules — Filing - Under such rules and regulations as the commission may prescribe,...
§ 23-4-106. Rate schedules — Public inspection - Every public utility shall keep copies of its rate schedules...
§ 23-4-107. Rate schedules — Greater or lesser rate not to be charged - No public utility shall directly or indirectly, by any device...
§ 23-4-108. Sliding scales of rates - (a) (1) Nothing in this act shall be taken to...
§ 23-4-109. Minimum charges - Nothing in this act shall be construed to prohibit a...
§ 23-4-110. Changes in rates under Acts 1919, No. 571, and Acts 1921, No. 124 - (a) (1) No person, firm, or corporation subject to the...
§ 23-4-111. Valuation of public utility property for ratemaking purposes — Definitions - (a) As used in this section: (1) (A) “Public utility”...
§ 23-4-112. Reserve accounting for storm restoration costs - (a) This section applies to storm restoration costs incurred on...
Subchapter 2 - Utilities Generally
§ 23-4-201. Electric, gas, telephone, or sewer utilities — Rate-making authority — Definition - (a) (1) The Arkansas Public Service Commission is vested with...
§ 23-4-202. Water, gas, or electricity bills rendered in accordance with rate schedules — Rate schedule furnished on request - (a) It shall be unlawful for any public utility furnishing...
§ 23-4-203. Water, gas, or electricity — Utility bills must show units charged for - (a) (1) All water, gas, or electric companies shall base...
§ 23-4-204. Water, gas, or electricity — Disconnecting charges unlawful — Penalty - (a) It shall be unlawful for any public utility furnishing...
§ 23-4-205. Refunds - (a) The Arkansas Public Service Commission is hereby empowered, following...
§ 23-4-206. Interest on deposits - (a) Whenever any person, company, or corporation furnishing patrons or...
§ 23-4-207. Advertising costs — Definitions - (a) As used in this section, unless the context otherwise...
§ 23-4-208. Water and sewer services for military installations - The Arkansas Public Service Commission shall have jurisdiction to set...
§ 23-4-209. Transition costs — Definition - (a) (1) As used in this section, “transition costs” means...
Subchapter 3 - Consumer Utilities Rate Advocacy Division
§ 23-4-301. Title - This subchapter shall be referred to and may be cited...
§ 23-4-302. Legislative findings and purpose - (a) The General Assembly finds that: (1) The people of...
§ 23-4-303. Creation - There is created within the Office of the Attorney General...
§ 23-4-304. Director and staff - The Director of the Consumer Utilities Rate Advocacy Division shall...
§ 23-4-305. Powers and duties - The Consumer Utilities Rate Advocacy Division shall represent the state,...
§ 23-4-306. Intervention by others not precluded - The right of any party to intervene on any matter...
§ 23-4-307. Records - The Attorney General shall designate an employee who is familiar...
Subchapter 4 - Utilities — Rate Changes and Surcharges Generally
§ 23-4-401. Notice of intention to file application - (a) Every public utility shall notify the secretary of the...
§ 23-4-402. Notice of proposed changes - (a) Unless the Arkansas Public Service Commission otherwise orders, no...
§ 23-4-403. Changes allowed without notice - The Arkansas Public Service Commission, for good cause shown, may...
§ 23-4-404. Proposed changes to be reflected in schedules - All proposed changes shall be shown by filing new schedules...
§ 23-4-405. Investigation of proposed rates - Whenever there is filed with the Arkansas Public Service Commission...
§ 23-4-406. Test periods to justify new rates - For the purpose of justifying the reasonableness of a proposed...
§ 23-4-407. Suspension of proposed rates - (a) Pending its investigation and the decision thereon, the Arkansas...
§ 23-4-408. Interim implementation of suspended rates - (a) If the public utility contends that an immediate and...
§ 23-4-409. Rate increase not effective until final order - Unless the Arkansas Public Service Commission finds an immediate and...
§ 23-4-410. Authority of commission to fix rates — Apportionment of increase - (a) If after the investigation and hearing thereon the Arkansas...
§ 23-4-411. Failure of commission to reach timely decision — Conditional implementation of suspended rates - In the event no final rate determination has been made...
§ 23-4-412. Issuance of commission order — Rates to be collected - Notwithstanding any other provisions of this act, upon issuance of...
§ 23-4-413. Surcharge to collect rates increased by courts - (a) In the event that the rates set in the...
§ 23-4-414. Refunds of excessive rate collections under bond - In the event a public utility has implemented under bond...
§ 23-4-415. Refunds of excessive bonded collections — Order not stayed during rehearing - An application for rehearing pursuant to § 23-2-422 filed by...
§ 23-4-416. Surcharge to collect excessive refunds - In the event that the amount of refunds ordered by...
§ 23-4-417. Petition for mandamus - If the Arkansas Public Service Commission's order is not issued...
§ 23-4-418. Suit to compel refunds — Proceeds - (a) If the public utility fails to make refunds within...
§ 23-4-419. Applications for additional increases - (a) No public utility which has filed an application with...
§ 23-4-420. Reports on status of applications - (a) Quarterly, the Arkansas Public Service Commission shall appear before...
§ 23-4-421. No changes allowed in terms of employment subject to collective bargaining agreement - In establishing public utility rates, the Arkansas Public Service Commission...
§ 23-4-422. Cost allocation — Definition - (a) (1) The Arkansas Public Service Commission shall establish and...
Subchapter 5 - Utilities — Special Surcharges
§ 23-4-501. Authority to recover costs through interim rate schedule - (a) (1) Upon a proper filing with the Arkansas Public...
§ 23-4-502. Filing interim rate schedule - A public utility as defined in § 23-1-101 may recover...
§ 23-4-503. Calculation of interim surcharge - The amount of the interim surcharge to be added to...
§ 23-4-504. Surcharge effective upon filing - The surcharge shall become effective immediately upon filing.
§ 23-4-505. Investigation by commission - The Arkansas Public Service Commission shall enter upon an investigation...
§ 23-4-506. Collection subject to refund - The surcharge shall be collected subject to refund, and the...
§ 23-4-507. Modification or disapproval of surcharge - (a) After its investigation and hearing thereon, the Arkansas Public...
§ 23-4-508. Application for rehearing no stay of order - An application for rehearing pursuant to § 23-2-422 filed by...
§ 23-4-509. Inadequate surcharges permitted by commission — Additional surcharges - (a) In the event that the amount of the surcharge...
Subchapter 6 - Railroads and Other Carriers Generally
§ 23-4-601. Construction of §§ 23-4-602, 23-4-608 — 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101 - Nothing in §§ 23-4-602, 23-4-608 — 23-4-610, 23-4-615, 23-4-706, 23-10-301,...
§ 23-4-602. Violations of §§ 23-4-601, 23-4-608 — 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101, tariff of charges, or rules of department — Penalties — Recovery - (a) If any person or corporation operating a railroad or...
§ 23-4-603. Railroads — Charges to be reasonable and just - All charges made for any service rendered or to be...
§ 23-4-604. Railroads and express companies — Schedule of rates - (a) In order to ascertain what the regular charge of...
§ 23-4-605. Railroads and express companies — Overcharging prohibited - (a) All agents of railroad and express companies doing business...
§ 23-4-606. Continuous railroad lines - (a) In all cases where there is, by physical connection...
§ 23-4-607. Connecting railroad lines — Division of charges - If any two (2) or more connecting lines of railroad...
§ 23-4-608. Penalties for violations of §§ 23-4-606 and 23-4-607 — Actions to recover penalties - (a) If any person or corporation operating a railroad or...
§ 23-4-609. Connecting railroad lines under one management - (a) Where in this state two (2) or more connecting...
§ 23-4-610. Railroads — Through-freight rates and regulations - (a) The Arkansas Department of Transportation shall have power, and...
§ 23-4-611. Railroads — Short lines - (a) Railroad companies having roads not exceeding fifty (50) miles...
§ 23-4-612. Railroads — Switching charges on coal cars - (a) When any railroad in Arkansas moves coal in car...
§ 23-4-613. Railroads — Bills of lading - (a) It shall be unlawful for any railroad company in...
§ 23-4-614. Railroads — Freight rates on crushed stone, sand, and gravel - (a) The maximum rates which any corporation, officer of court,...
§ 23-4-615. Railroads — Sleeping car tariffs - The Arkansas Department of Transportation is authorized and it is...
§ 23-4-616. Railroads — Additional charge for stopping at other than regular station - Any railroad company may charge the sum of twenty-five cents...
§ 23-4-617. Railroads — Passengers without tickets - All passengers who may fail to procure regular fare tickets...
§ 23-4-618. Railroads — Ejection of passengers upon failure to pay fare - If any passenger shall refuse to pay his or her...
§ 23-4-619. Railroads — Rate reductions - When any railroad shall be opened for use, the General...
§ 23-4-620. Notice of rate changes - (a) Unless the Arkansas Department of Transportation otherwise orders, no...
§ 23-4-621. Rate changes to be reflected in schedules - All proposed changes shall be shown by filing new schedules...
§ 23-4-622. Investigation of rate changes - Whenever there is filed with the Arkansas Department of Transportation...
§ 23-4-623. Suspension of proposed rates - Pending its investigation and the decision thereon, the Arkansas Department...
§ 23-4-624. Interim implementation of suspended rates - (a) If the public utility contends that an immediate and...
§ 23-4-625. Rate increase not effective until final order - Unless the Arkansas Department of Transportation finds an immediate and...
§ 23-4-626. Authority of department to fix rates — Apportionment of increase - (a) If, after the investigation and hearing thereon, the Arkansas...
§ 23-4-627. Failure of department to reach timely decision — Conditional implementation of suspended rates - In the event no final rate determination has been made...
§ 23-4-628. Issuance of commission's order — Rates to be collected - Notwithstanding any other provisions of this act, upon issuance of...
§ 23-4-629. Surcharge to collect rates increased by courts - (a) In the event that the rates set in the...
§ 23-4-630. Refunds of excessive rate collections under bond - In the event a public utility shall have implemented under...
§ 23-4-631. Refunds of excessive bonded collections — Order not stayed during rehearing - An application for rehearing under § 23-2-422 filed by a...
§ 23-4-632. Surcharge to collect excessive refunds - In the event that the amount of refunds ordered by...
§ 23-4-633. Petition for mandamus - If the Arkansas Department of Transportation order is not issued...
§ 23-4-634. Suit to compel refunds — Proceeds - (a) If the public utility fails to make refunds within...
§ 23-4-635. Changes in rates by common carriers - (a) No change shall be made in the rates, fares,...
§ 23-4-637. Discriminatory interterritorial freight rates - (a) The Arkansas Department of Transportation is vested with authority...
Subchapter 7 - Railroads and Express Companies — Establishing Rates
§ 23-4-701. Definition - As used in this act, unless the context otherwise requires,...
§ 23-4-702. Application of Acts 1899, No. 53 - (a) All the provisions of this act shall apply to...
§ 23-4-703. Acts 1899, No. 53, not applicable to interstate traffic - The provisions of this act shall not be construed as...
§ 23-4-704. Remedies cumulative - The remedies given by this act shall be regarded as...
§ 23-4-705. Violations — Double damages for violations — Actions to recover damages — Joinder of actions - (a) Each and every act, matter, or thing in this...
§ 23-4-706. Penalties — Actions to recover - (a) If any person or corporation operating a railroad or...
§ 23-4-707. Rate schedules - (a) All persons or corporations engaged in the transportation of...
§ 23-4-708. Rate sheets and tariff charges furnished department by railroads - (a) Every person or corporation operating any railroad or express...
§ 23-4-709. Ratemaking procedure - (a) It shall be the duty of the Arkansas Department...
§ 23-4-710. Discrimination in passenger or freight rates or services prohibited - (a) It shall be unlawful for any person or corporation...
§ 23-4-711. Contracts for pooling freight or dividing revenues prohibited - It shall be unlawful for any person or corporation engaged...
§ 23-4-712. Differentiation in compensation for long and short hauls prohibited - It shall be unlawful for any person or corporation engaged...
§ 23-4-713. Reduced rate tickets allowed - Nothing in this act shall be so construed as to...
§ 23-4-714. Complaints — Investigation - It shall be the duty of the Arkansas Department of...
§ 23-4-715. Complaints — Hearings - It shall be the duty of the Arkansas Department of...
§ 23-4-716. Liability as to rates approved by department - In no instance shall any person or corporation operating a...
§ 23-4-717. Railroads required to furnish copies of traffic agreements and other information to department - Upon notice to do so, every person or corporation operating...
§ 23-4-718. Access to railroad books by department — Penalties - (a) (1) The Arkansas Department of Transportation shall have the...
§ 23-4-719. Enforcement of Acts 1899, No. 53 — Mandamus - If any person or corporation operating any railroad or express...
§ 23-4-720. Disposition of funds - All fines and penalties recovered under the provisions of this...
Subchapter 8 - Railroads and Transportation Companies — Passes and Free Transportation
§ 23-4-801. Definitions - As used in this section and § 23-4-802, unless the...
§ 23-4-802. Granting of free passes to certain government officials prohibited - (a) No railroad or transportation company organized or doing business...
§ 23-4-804. Exemptions — General Assembly and certain state officers may accept free passes - (a) Members of the General Assembly within the State of...
§ 23-4-805. Exemptions — Certain officials permitted to accept and use passes - (a) Sheriffs are exempt from the provision of § 23-4-803...
§ 23-4-806. Passes in exchange for advertising space - Railroad companies operating in the State of Arkansas are authorized...
§ 23-4-807. Free carriage, passage permitted - (a) Nothing in the law shall prevent carriage, storage, or...
Subchapter 9 - Rural Electric Distribution Cooperatives
§ 23-4-901. Definitions - As used in this subchapter, unless the context otherwise requires:...
§ 23-4-902. Exemption from rate case procedures, etc - A co-op, as defined in § 23-4-901, shall not be...
§ 23-4-903. Notification of proposed rate change - Each co-op not subject to rate case procedures, at least...
§ 23-4-904. Petition for relief from rate change — Form - Petitions provided for in this subchapter shall be prepared as...
§ 23-4-905. Petition for relief from rate change — Effect - If, by the effective date of the proposed change in...
§ 23-4-906. Petition to declare co-op subject to rate case procedures - In addition to the procedure for petition prior to any...
§ 23-4-907. Commission's jurisdiction not affected - Sections 23-4-902, 23-4-903, 23-4-905, and 23-4-906 apply only to rates...
§ 23-4-908. Authority of commission - The Arkansas Public Service Commission shall have the authority to...
§ 23-4-909. Apportionment of rates and charges - When determining how rates and charges established under § 23-4-903...
Subchapter 10 - Pole Attachments
§ 23-4-1001. Definitions - As used in this subchapter: (1) (A) “Pole attachment” means...
§ 23-4-1002. Nondiscriminatory access for pole attachments - A public utility shall provide nondiscriminatory access for a pole...
§ 23-4-1003. Regulation by commission of rates, terms, and conditions - (a) The Arkansas Public Service Commission shall regulate the rates,...
§ 23-4-1004. Authority of commission to hear complaints - (a) The Arkansas Public Service Commission may hear and determine...
§ 23-4-1005. Certification - Upon the adoption of rules under § 23-4-1003, the Arkansas...
§ 23-4-1006. Applicability - Nothing in this subchapter shall affect the authority and jurisdiction...
Subchapter 11 - Cooperatives
§ 23-4-1101. Definitions - As used in this subchapter: (1) “Board” means the board...
§ 23-4-1102. Exemption from general rate case procedure - A generation and transmission cooperative may modify its rates and...
§ 23-4-1103. Notification of proposed rate and charge modification - (a) (1) A generation and transmission cooperative shall notify the...
§ 23-4-1104. Alternative procedure for modifying rates and charges of a generation and transmission cooperative - (a) (1) (A) After the board approves the modification in...
§ 23-4-1105. Alternative procedure for modifying rates and charges of a member cooperative - (a) A member cooperative may propose a modification of its...
§ 23-4-1106. Limitation on increase in rates - The generation and transmission cooperative shall not increase its rates...
§ 23-4-1107. Commission's jurisdiction not affected - This subchapter does not affect the Arkansas Public Service Commission's...
Subchapter 12 - Formula Rate Review Act
§ 23-4-1201. Title - This subchapter shall be known and may be cited as...
§ 23-4-1202. Findings and intent - (a) The General Assembly finds that: (1) Electricity and natural...
§ 23-4-1203. Definitions - As used in this subchapter: (1) (A) “Earned return rate”...
§ 23-4-1204. Formula rate review — Authorized - (a) A formula rate review is authorized to provide an...
§ 23-4-1205. Filing — Procedure - (a) (1) A public utility filing an application for a...
§ 23-4-1206. Formula rate review — Required information - (a) A formula rate review mechanism approved by the Arkansas...
§ 23-4-1207. Formula — Adjustment of customer rates - (a) Customer rates shall be adjusted in a formula rate...
§ 23-4-1208. Term — Formula rate review - (a) (1) The term of any formula rate review approved...
§ 23-4-1209. Construction - (a) This subchapter does not repeal any other provision in...