Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-1-101 Definitions
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(1) As used in this act, unless the context otherwise requires:(1) “Affiliated interest with a public utility” includes the following:(A) Every corporation and person owning or holding directly or indirectly twenty-five percent (25%) or more of the voting securities of the public…
Ark. Code Ann. § 23-1-102 Construction of Acts 1935, No. 324 — Interstate commerce excepted
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(a) Nothing in this act shall be construed as repealing § 14-234-201 et seq. or any part thereof. (b) Neither this act nor any of its provisions shall apply, or be construed to apply, to commerce with foreign nations or commerce among the several states of the United States excep…
Ark. Code Ann. § 23-1-103 Compliance with Acts 1935, No. 324, and rules of commission required — Penalties for noncompliance
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(a) Every public utility and every person or corporation shall obey and comply with every requirement of this act and of every order, decision, direction, or rule made or prescribed by the commission in the matters specified or any other matter in any way relating to or affecting…
Ark. Code Ann. § 23-1-104 Compelling compliance with provisions of Acts 1935, No. 324, and orders
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The commission shall have the right, and it is made its duty, to file suit against any person or corporation in any court of competent jurisdiction by mandamus proceedings to compel compliance with the provisions of this act or any order of the commission or, by injunction procee…
Ark. Code Ann. § 23-1-105 False testimony or reports — False or misleading records, memoranda, etc. — Penalty
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Any person who gives false testimony at any hearing held by the commission, a commissioner, or an examiner or who makes false reports to the commission, when the testimony and reports are required by this act or any lawful order or rule of the commission, who makes any false entr…
Ark. Code Ann. § 23-1-106 Penalties cumulative — Recovery of penalty not bar to further penalty or criminal prosecution
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(a) All penalties accruing under this act shall be cumulative. (b) A suit for the recovery of one (1) penalty shall not be a bar to, or affect, the recovery of any other penalty or forfeiture, nor shall it be a bar to any criminal prosecution against any public utility or any off…
Ark. Code Ann. § 23-1-107 Acts of agent, employee, or officer are acts of corporation
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In construing and enforcing the provisions of this act relating to penalties, the act, omission, or failure of any officer, agent, or employee of any corporation shall in every case be deemed to be also the act, omission, or failure of the corporation or person.
Ark. Code Ann. § 23-1-108 Jurisdiction and venue of actions
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(a) Nothing in this act shall be construed to in any way restrict the jurisdiction of any court of equity. (b) Any action brought by or against the commission of which a court of equity has jurisdiction under the Arkansas Constitution may be brought either in equity or at law. Ho…
Ark. Code Ann. § 23-1-109 Actions for penalties, fees, and assessments
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Actions to recover penalties and all assessments and fees under this act shall be brought in the name of the State of Arkansas, in relation of the Arkansas Public Service Commission, in any court of competent jurisdiction by the attorney member of the commission.
Ark. Code Ann. § 23-1-110 Actions tried without jury — Exceptions
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All actions brought under the terms of this act by or against the commission in any circuit court, except those to recover penalties, forfeitures, and fees, shall be tried and determined by the court without the intervention of a jury.
Ark. Code Ann. § 23-1-111 Copies of official papers as evidence
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Copies of official documents and orders filed or deposited according to law in the office of the commission certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the original shall be evidence in like manner as the original…
Ark. Code Ann. § 23-1-112 Contracts in violation of Acts 1935, No. 324, or commission's order
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(a) Any contract made in violation of this act or any lawful order of the commission shall be void and subject to cancellation and recoupment by action in any court of competent jurisdiction. (b) Where a contract is made contrary to the provisions of this act or any lawful order …
Ark. Code Ann. § 23-1-113 Indeterminate permits granted under Acts 1919, No. 571
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(a) All indeterminate permits and any rights, powers, privileges, or immunities thereunder, granted to, received by, or otherwise acquired by public utilities pursuant to authority granted by or under the provisions of Acts 1919, No. 571, are expressly declared to be assignable. …
Ark. Code Ann. § 23-1-114 Civil sanctions for violation of Acts 1919, No. 571, and Acts 1921, No. 124
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(a) Upon a finding by the Arkansas Public Service Commission that any jurisdictional water, gas, telephone, or electric public utility by agent or otherwise has knowingly, willfully, and purposefully violated any of the provisions of this act, the commission shall assess a civil …
Ark. Code Ann. § 23-1-115 Citizens band radio equipment
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(a) (1) Citizens band radio equipment shall not be used unless that equipment is certified by the Federal Communications Commission.(2) Citizens band radio equipment shall not be operated on a frequency between twenty-four megahertz (24 MHz) and thirty-five megahertz (35 MHz) wit…