Part 110. General Rules of Practice and Procedure and Special Rules Governing Carriers

27 CAR § 110-305. Formal complaints — Discrimination, preference, and prejudice. A complaint that alleges an act is violated because of an undue or unreasonable preference of advantage, undue or unreasonable prejudice or disadvantage, or unjust discrimination should specify clear…

27 CAR § 110-306. Formal complaints — Other specification. The several rates, fares, charges, schedules, classifications, rules, or practice of which complaint is made should be set out by specific reference to the tariffs or schedules in which they appear, whenever that is pract…

27 CAR § 110-307. Formal complaints — Prayers for relief. (a) A formal complaint in which relief for the future is sought should contain a detailed statement of the relief desired. (b) Relief in the alternative or several different types may be demanded, but the issues raised in …

27 CAR § 110-308. Amended and supplemental formal complaints. An amended or supplemental complaint may be tendered for filing by a plaintiff against a defendant or defendants named in the original complaint, stating a cause of complaint alleged to have accrued within the statutor…

27 CAR § 110-309. Service of formal and cross complaints. (a) The State Highway Commission will serve formal complaints. (b) It will also serve supplemental, amended, and cross complaints when it has granted leave to file such pleadings. (c) If no agent has been designated, servi…

27 CAR § 110-310. Answers and cross complaints. (a) Generally. (1) An answer may simultaneously be responsive to a formal complaint and to any amendment or supplement thereof. (2) It should be drawn fully and completely so as to advise the parties and the State Highway Commission…

27 CAR § 110-311. Motions to make more definite and certain. (a) As to complaint. Before filing his or her answer, a defendant may file a motion that the allegations in the complaint be made more definite and certain, such motion to point out the defects complained of and the det…

27 CAR § 110-312. Interventions — Petitions. (a) Content generally. (1) A petition for leave to intervene must set forth: (A) The grounds of the proposed intervention; (B) The position and the interest of the petitioner in the proceeding; and (C) Whether petitioner's position is …

27 CAR § 110-313. Satisfaction of complaint. If a defendant satisfies a formal complaint either before or after answering, a statement to that effect signed by the opposing parties must be filed (original only need be filed), setting forth when and how the complaint has been sati…

27 CAR § 110-314. Applications. (a) Contents. (1) Forms for applications for certificates, permits, and transfers may be obtained from the State Highway Commission upon request. (2) An application filed with the commission shall set forth with specificity the: (A) Grounds upon wh…

27 CAR § 110-315. Protests against applications. (a) Contents. A protest against the granting of any application filed before the State Highway Commission shall set forth specifically the grounds upon which the protestant relied and shall further state concisely the interest of t…

27 CAR § 110-316. Petitions for suspension of tariffs or schedules. (a) Content. (1) The protested tariff or schedule sought to be suspended should be identified by making reference to the name of the publishing carrier, freight forwarder, or agent, to the State Highway Commissio…

27 CAR § 110-317. Petitions not otherwise covered. When the subject matter of any desired relief is not specifically covered by this part, a petition seeking such relief and stating the reasons therefor may be served and filed.

27 CAR § 110-318. Service of investigation order — Default where failure to comply. (a) An order instituting an investigation will be served by the State Highway Commission upon respondents. (b) If within a time period stated in that order a respondent fails to comply with any re…

27 CAR § 110-401. Petitions seeking institution of rulemaking proceedings. (a) Any person may file a petition requesting the State Highway Commission to institute a proceeding, or the commission on its own motion may institute a proceeding for the purpose of issuing statements or…

27 CAR § 110-501. Modified procedure — How initiated. (a) Petition on commission initiative. Modified procedure will be ordered in a proceeding upon the State Highway Commission's initiative or upon its approval of a petition filed by any party that the modified procedure shall b…

27 CAR § 110-502. Modified procedure — Effect of order. (a) Relief from answer rule. Issuance of an order directing modified procedure shall relieve defendant from the obligation of answering as provided in 27 CAR § 110-309. (b) Default where failure to comply. (1) If within any …

27 CAR § 110-503. Modified procedure — Intervention. Persons permitted to intervene under modified procedure shall file and serve pleadings in conformity with the provisions relating to the parties in whose behalf they intervene.

27 CAR § 110-504. Modified procedure — Joint pleadings. Parties having common interests may arrange for joint preparation of pleadings ruled under modified procedure.

27 CAR § 110-505. Modified procedure — Content of pleadings. (a) Generally. (1) A statement ruled under the modified procedure after that procedure has been directed shall state separately the facts and arguments and include the exhibits upon which the party relies. (2) If no ans…

27 CAR § 110-506. Modified procedure — Verification. (a) The facts asserted in any pleading filed under modified procedure must be sworn to by persons having knowledge thereof, which latter fact must affirmatively appear in the affidavit. (b) Except under unusual circumstances, s…

27 CAR § 110-507. Modified procedure — When pleadings filed and served. (a) Within twenty (20) days from the date of an order requiring modified procedure, applicant shall serve upon the other parties a statement of all of the evidence upon which it relies. (b) Within thirty (30)…

27 CAR § 110-508. Modified procedure — Copies of pleadings. (a) The original and nine (9) copies of any statement made pursuant to 27 CAR § 110-707 shall be filed with the State Highway Commission. (b) Subsequent pleadings are subject to 27 CAR § 110-710.

27 CAR § 110-509. Modified procedure hearings. (a) Request for cross examination or other hearing. (1) If cross examination of any witness is desired, the name of the witness and the subject matter of the desired cross examination shall, together with any other request for oral h…

27 CAR § 110-510. Modified procedure — Subsequent procedure. Procedure subsequent to that provided in the modified procedure rules shall be the same as that in proceedings not handled under modified procedure.

27 CAR § 110-601. Notice of hearing. (a) On orders of the State Highway Commission, the secretary shall issue all notices of hearings and other process as may be directed by the commission. (b) All notices of sessions and hearings shall be served upon the parties and such other i…

27 CAR § 110-602. Subpoenas. (a) Issuance. (1) Subpoenas requiring the attendance of a witness from any place in the state at any designated place of hearing for the purpose of taking the testimony of such witness orally before the State Highway Commission or one (1) or more comm…

27 CAR § 110-603. Depositions. (a) The testimony of a witness may be taken by deposition at the instance of any party in any proceeding pending before the State Highway Commission or at the instance of the commission. (b) All depositions shall be taken and filed with the same for…

27 CAR § 110-701. Prehearing conference. (a) Purposes. Upon written notice by the State Highway Commission in any proceeding or upon written or oral instruction of an officer, parties or their attorneys may be directed to appear before an officer at a specified time and place for…

27 CAR § 110-702. Stipulations. (a) Apart from the procedure contemplated by the prehearing provisions (27 CAR § 110-714), and upon permission granted, the parties may by stipulation in writing filed with the State Highway Commission at any stage of the proceeding, or orally made…

27 CAR § 110-703. Authority of officer. (a) An officer to whom any matter has been referred may grant leave to amend or to file any pleadings or to intervene, upon request tendered at the hearing, but in no event shall an officer grant such leave if thereby the issues would be so…

27 CAR § 110-704. Appearances. (a) Any individual may appear for himself or herself and any member of a partnership which is a party to any proceeding may appear for such partnership upon adequate identification. (b) A bona fide officer or a full-time employee of a corporation, a…

27 CAR § 110-705. Witness examination — Order of procedure. (a) Witnesses will be orally examined under oath before the State Highway Commission or officer unless their testimony is taken by deposition. (b) In formal complaint, application, and investigation proceedings, complain…

27 CAR § 110-706. Evidence — Admissibility generally. (a) Any evidence which would be admissible under the Arkansas Code of 1987, as amended, or under the rules of evidence governing proceedings in matters not involving trial by jury in the courts of the state, shall be admissibl…

27 CAR § 110-707. Evidence — Cumulative restriction. The right is reserved to limit the number of witnesses whose testimony may be merely cumulative.

27 CAR § 110-708. Evidence — Official records. (a) An official record or an entry therein, when admissible for any purpose, may be: (1) Evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his or her deput…

27 CAR § 110-709. Evidence — Entries in regular course of business. Any writing of record, whether in the form of any entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence, or event will be admissible as evidence thereof if it shall appe…

27 CAR § 110-710. Evidence — Documents containing matter not material. (a) When material and relevant matter offered in evidence is in a document containing other material not relevant, the offering party shall: (1) Produce the document at the hearing; (2) Plainly designate the m…

27 CAR § 110-711. Evidence — Documents in commission’s files. (a) In general. If any matter contained in a report or other document, not a tariff or schedule, open to public inspection in the files of the State Highway Commission is offered in evidence, such report or other docum…

27 CAR § 110-712. Evidence — Records in other commission proceedings. (a) If any portion of the record before the State Highway Commission in any proceeding other than the one on hearing is offered in evidence, a true copy of such portion shall be presented for the record in the …

27 CAR § 110-713. Evidence — Abstracts of documents. When documents such as freight bills or bills of lading are numerous, the State Highway Commission or officer may refuse to receive in evidence other than a limited number of such documents said to be typical.

27 CAR § 110-714. Evidence — Exhibits. (a) Generally. (1) Exhibits of a documentary character may have a maximum of twenty-two inches (22”) in width by twelve and one-half inches (12 1/2") in height. (2) Whenever practicable, the sheets of each exhibit and the lines of each sheet…

27 CAR § 110-715. Record in referred matter unaffected by a second reference. If for any reason an order referring a matter to a particular officer is vacated and the matter referred to a different officer, any testimony already taken in such proceeding shall be part of the recor…

27 CAR § 110-716. Evidence — Filing of subsequent to hearing — Copies. (a) Except as provided below or as expressly may be permitted in a particular instance, the State Highway Commission will not receive in evidence or consider as part of the record any documents, letters, or ot…

27 CAR § 110-717. Evidence — Objections to. (a) Formal exception to a ruling of the State Highway Commission or an officer at a hearing is unnecessary. (b) It is sufficient that a party, at the time the ruling is made or sought, make known the action which he or she desires the c…

27 CAR § 110-718. Oral argument. (a) If oral argument before the State Highway Commission or the officer is desired, notice should be given at or before the hearing and may arrange to hear the argument at the close of the testimony within such limits of time as may be determined,…

27 CAR § 110-719. Adjournment of hearing. A continuance may be granted if it is impossible to conclude a hearing within the time available or for any reason a continuance is necessary or advisable.

27 CAR § 110-801. Briefs — Content and arrangement. (a) Due date. The due date of each brief must appear on its front cover or title page. (b) Table of contents — Citations. A brief of more than twenty (20) pages shall contain on its front flyleaves a table of contents to be supp…

27 CAR § 110-802. Briefs — Time of filing. (a) In a proceeding which has been the subject of hearing, the State Highway Commission or officer may, subject to variation for cause shown, fix times for filing and serving the respective briefs as follows: for the opening brief, thirt…

27 CAR § 110-803. Briefs of interveners. Briefs of interveners shall be filed and served within the time fixed for the brief of the party in whose behalf the intervention is made or as may be otherwise directed by the officer.