Arkansas Administrative Code

27 CAR § 110-203. Attestation and verification. (a) All applications or amendments thereto shall be verified and all other pleadings or documents filed shall be verified except as provided in subsection (b) of this section. (b) Attorney's signature. (1) If a party is represented …

27 CAR § 110-204. Affirmation in lieu of oath. Whenever under this part an oath is required, an affirmation in judicial form will be accepted in lieu thereof.

27 CAR § 110-205. Pleadings part of record. (a) Recitals of material and relevant facts in a pleading filed prior to hearing in any proceeding, unless specifically denied in a counterpleading filed under this part, shall constitute evidence and be a part of the record without spe…

27 CAR § 110-206. Amendments. Leave to file amendments to any pleading will be allowed or denied by the State Highway Commission as a matter of discretion.

27 CAR § 110-207. Time — Computation. (a) In computing any period of time prescribed or allowed by this part, the day of the act, event, or default after which the designated period of time begins to run is not to be included. (b) The last day of the period so computed is to be i…

27 CAR § 110-208. Replies — Time of filing. Except that a reply to a reply is not permitted, and except as otherwise provided, an adverse party may file and serve a reply to any pleading permitted under this part within ten (10) days after service of the pleading to which the rep…

27 CAR § 110-209. Service — Pleadings and papers to show. (a) Every pleading, protest, intervention, or verified statement filed by any party and tendered to the State Highway Commission for filing shall include a certificate of the party or his or her attorney showing simultaneo…

27 CAR § 110-301. Informal complaints. (a) Form and content. (1) Informal complaints may be by letter or other writing. (2) No form of informal complaint is suggested but, in substance, the letter or other writing must contain the essential elements of a formal complaint. (3) It …

27 CAR § 110-302. Formal complaints — Copies. The original of each formal complaint, amended or supplemental formal complaint, or cross complaint must be accompanied by copies in sufficient number to enable the State Highway Commission to serve one (1) copy upon each defendant an…

27 CAR § 110-303. Formal complaints — Joinder. (a) Causes of action. Two (2) or more grounds of complaint concerning the same principal, subject, or state of facts may be included in one (1) complaint but should be stated separately and numbered. (b) Plaintiffs. Two (2) or more p…

27 CAR § 110-304. Formal complaints — Allegations generally. (a) A formal complaint should be so drawn as fully and completely to advise the parties, defendant, and the State Highway Commission in what respects the provisions of the act have been or are violated or will be violat…

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…