Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-2-101 Members generally
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(a) (1) The Arkansas Public Service Commission shall consist of three (3) members to be known as “commissioners”, one (1) of whom shall be a lawyer.(2) Each commissioner shall have resided in the state for five (5) years and shall be a qualified elector. (1) The Arkansas Public S…
Ark. Code Ann. § 23-2-102 Special commissioners
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(a) When any member of the Arkansas Public Service Commission is disqualified for any reason to hear and participate in the determination of any matter pending before the commission, the Governor shall appoint a qualified person to hear and participate in the decision on the part…
Ark. Code Ann. § 23-2-103 Offices — Place of hearings and investigations
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(a) The office of the Arkansas Public Service Commission shall be in Little Rock, Arkansas, but the commission may conduct hearings and make investigations anywhere in the different parts of the state when, in the opinion of the commission, the hearings will best serve the intere…
Ark. Code Ann. § 23-2-104 Quorum
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The concurrence of two (2) members of the Arkansas Public Service Commission shall be necessary for commission action.
Ark. Code Ann. § 23-2-105 Employees generally
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The Arkansas Public Service Commission shall have power to employ during its pleasure such officers, examiners, experts, engineers, statisticians, accountants, attorneys, inspectors, clerks, and employees as it may deem necessary to carry out its proper function or to perform the…
Ark. Code Ann. § 23-2-106 Assistant general counsel
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There is established in the Arkansas Public Service Commission the positions of two (2) assistant general counsel who shall be well-trained attorneys.
Ark. Code Ann. § 23-2-107 Commissioners and employees — Activities restricted
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(a) No person while serving as a member or employee of the Arkansas Public Service Commission shall practice or represent clients before any other agency of this state which is engaged in the regulation of any business, profession, or trade. (b) Nor shall any person while serving…
Ark. Code Ann. § 23-2-108 Costs of operation and maintenance
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(a) All costs of operation and maintenance of the Arkansas Public Service Commission shall be paid by vouchered warrants drawn against the General Revenue Fund Account of the State Apportionment Fund in the State Treasury from appropriations made for these purposes by the General…
Ark. Code Ann. § 23-2-109 Expenses of commission
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All expenses incurred by the Arkansas Public Service Commission pursuant to the provisions of this act, including the actual and necessary traveling and other expenses and disbursements of the commissioners, their officers, and employees incurred while on business of the commissi…
Ark. Code Ann. § 23-2-110 Payment of expenses and salaries
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(a) The expenses of the Arkansas Public Service Commission shall be paid from the State Treasury on the warrant of the Auditor of State. (b) The clerk of the commission shall make out an itemized account of all the expenses incurred by the commission, fees paid for officials for …
Ark. Code Ann. § 23-2-111 Salaries and expenses — Time of payment
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(a) The salaries and expenses of the Arkansas Public Service Commission shall be paid monthly upon certificate and vouchers, as required by law. (b) If it becomes necessary to pay for transportation, costs, or other expenses of a similar nature during any current month, the payme…
Ark. Code Ann. § 23-2-112 Rural and Community Liaison — General job responsibilities
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(a) The Rural and Community Liaison will serve as a two-way communication link between the Arkansas Public Service Commission and utility customers in Arkansas, particularly those in rural areas. (b) (1) The liaison is responsible for:(A) Providing information to communities and …
Ark. Code Ann. § 23-2-113 Registration as lobbyist — Time limit for eligibility
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A member of the Arkansas Public Service Commission is not eligible to be registered as a lobbyist under § 21-8-601 et seq. until one (1) year after the expiration of the individual's service on the commission.
Ark. Code Ann. § 23-2-201 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Department” means the Arkansas Department of Transportation; and(2) “Transportation” means the carriage of persons and property for compensation by air, rail, water, carrier pipelines, or motor carriers. (…
Ark. Code Ann. § 23-2-207 [Repealed.]
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A.C.A. § 23-2-207Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-2-209 Jurisdiction of commission
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(a) The jurisdiction of the State Highway Commission shall extend to and include all matters pertaining to the regulation, certification, and review of assessment for ad valorem taxation and operation of all carriers providing a transportation service for compensation. (b) Nothin…
Ark. Code Ann. § 23-2-210 [Repealed.]
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A.C.A. § 23-2-210Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-2-211 Proceedings before department
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(a) In the exercise of its jurisdiction, the Arkansas Department of Transportation shall have the power to promulgate reasonable rules and regulations governing procedure before the department and for other purposes. (b) The department shall have full power to decide all matters …
Ark. Code Ann. § 23-2-212 Expenses
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(a) All expenses incurred by the Arkansas Department of Transportation under the provisions of this subchapter, including the actual and necessary traveling and other expenses and disbursements incurred while on business of the department, shall be paid from the funds provided fo…
Ark. Code Ann. § 23-2-301 Powers and jurisdiction of commission generally
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The commission is vested with the power and jurisdiction, and it is made its duty, to supervise and regulate every public utility defined in § 23-1-101 and to do all things, whether specifically designated in this act, that may be necessary or expedient in the exercise of such po…
Ark. Code Ann. § 23-2-302 Jurisdiction of commission — “Company” defined
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(a) The jurisdiction of the commission shall extend to and include:(1) (A) All matters pertaining to the regulation and operation of all:(i) Common carriers;(ii) Railroads;(iii) Express companies;(iv) Car companies;(v) Freight lines;(vi) Toll bridges;(vii) Ferries;(viii) Steamboa…
Ark. Code Ann. § 23-2-303 Jurisdiction over intrastate transportation services
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Nothing contained in this act shall be construed as giving the Arkansas Public Service Commission any jurisdiction over taxicab or truck service in cities or towns, and of railroad, taxicab, or motor bus service between cities or towns, jurisdiction over which is vested in the Ar…
Ark. Code Ann. § 23-2-304 Certain powers of commission enumerated
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(a) Upon complaint or upon its own motion and upon reasonable notice and after a hearing, the Arkansas Public Service Commission shall have the power to:(1) Find and fix just, reasonable, and sufficient rates to be thereafter observed, enforced, and demanded by any public utility…
Ark. Code Ann. § 23-2-305 Rules
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The commission is empowered after hearing and upon notice to make and from time to time in like manner to alter or amend such reasonable rules pertaining to the operation, accounting, service, and rates of public utilities and of the practice and procedure governing all investiga…
Ark. Code Ann. § 23-2-306 Systems of accounts
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The commission may establish by order a uniform system of accounts to be kept by any public utility subject to the commission's jurisdiction or may classify the public utilities and establish a system of accounts for each class, and the commission may prescribe the manner in whic…
Ark. Code Ann. § 23-2-307 Inventories of property may be required
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The commission shall have the power and authority by order to require any public utility from time to time to furnish on forms prescribed by the commission a verified, itemized, and detailed inventory or appraisal of any or all of its property as to which the commission should ha…
Ark. Code Ann. § 23-2-308 Reports by utilities may be required
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(a) The commission may require any public utility to file:(1) Annual reports in such form and of such content and at such time as the commission may require; and(2) Special reports concerning any matter about which the commission is authorized to inquire or to keep itself informe…
Ark. Code Ann. § 23-2-309 Information to be furnished commission on request
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At any time, the commission may require persons, firms, associations, or corporations, so far as they may be subject to its jurisdiction under the terms of this act, to furnish any information which may be in his, her, its, or their possession respecting the rates, tolls, fares, …
Ark. Code Ann. § 23-2-310 Investigations, examinations, testing, etc
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(a) (1) The commission, whenever it may be necessary in the performance of its duties, may investigate and examine the condition and operation of public utilities or any particular utility.(2) In conducting such investigations, the commission may proceed either with or without a …
Ark. Code Ann. § 23-2-311 Entry and inspection of utility property
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The commission shall have power, through its members, inspectors, or employees, to enter into, upon, and to inspect the property of any public utility so far as may be proper, in order to exercise the jurisdiction conferred upon the commission in this act.
Ark. Code Ann. § 23-2-312 Refusal to permit inspection or examination — Cancellation of charter
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(a) The failure or refusal of any public utility, if persisted in, to permit the inspection or examination of its physical properties, premises, plants, equipment, accessories, books, papers, files, documents, contracts, agreements, or accounts shall be deemed cause for the cance…
Ark. Code Ann. § 23-2-313 Subpoena powers — Compelling attendance and testimony
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(a) The commission shall have the power, either as a commission or by any of its members, to subpoena witnesses and take testimony and administer oaths to any witness in any proceeding or examination instituted before it or conducted by it in reference to any matter within its ju…
Ark. Code Ann. § 23-2-314 Fees charged by commission
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(a) The commission shall charge and collect the following fees:(1) Two hundred dollars ($200) for filing each application for a certificate of public convenience and necessity as required by §§ 23-3-201 — 23-3-205; and(2) Such fees for copying and certifying the copy of any filed…
Ark. Code Ann. § 23-2-315 Reports by commission
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The Arkansas Public Service Commission shall make and submit to the Governor during the month of June of each year a report containing a full and complete account of its transactions and proceedings for the preceding calendar year, together with such other facts, suggestions, and…
Ark. Code Ann. § 23-2-316 Records of commission open to public — Exceptions — Protective orders
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(a) All facts and information, including all reports, records, files, books, accounts, papers, and memoranda in the possession of the commission, shall be public and open to public inspection at all reasonable times. (b) (1) Whenever the commission determines it to be necessary i…
Ark. Code Ann. § 23-2-401 Definition
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As used in §§ 23-2-421 — 23-2-424, unless the context otherwise requires, the term “the commission” refers to the Arkansas Public Service Commission or to whatever successor agency might in the future be vested with the duties, responsibilities, powers, authorities, and jurisdict…
Ark. Code Ann. § 23-2-402 Powers of commission, commissioners, and examiners
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(1) The commission and each of the commissioners and examiners specifically designated to make investigations, for the purposes mentioned in this act, may:(1) Issue subpoenas, subpoenas duces tecum, and all necessary process in proceedings pending before the commission, a commiss…
Ark. Code Ann. § 23-2-403 Evidence and pleading
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(a) The Arkansas Public Service Commission and the Arkansas Department of Transportation shall prescribe the rules of procedure and for taking of evidence in all matters that may come before them. (b) On the investigations, preparations, and hearing of cases, the commission and t…
Ark. Code Ann. § 23-2-404 [Repealed.]
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A.C.A. § 23-2-404Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-2-405 Service of process, notices, complaints, etc
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(a) All process issued by the commission shall extend to all parts of the state, and any such process, together with the service of all notices issued by the commission, as well as copies of complaints, rules, and orders of the commission, may be served by any person authorized t…
Ark. Code Ann. § 23-2-406 Oaths — Testimony
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Any commissioner, secretary, or assistant secretary employed by the Arkansas Public Service Commission or the Arkansas Department of Transportation may administer oaths and take testimony.
Ark. Code Ann. § 23-2-407 Subpoenas for witnesses — Issuance and service
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Subpoenas for witnesses shall be issued by the secretary, assistant secretary, or any commissioner of the Arkansas Public Service Commission or the Arkansas Department of Transportation and shall be served as provided by law for the service of other subpoenas.
Ark. Code Ann. § 23-2-408 Subpoenas duces tecum
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The commission may require, by order served on any public utility in the manner provided in this act for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers, or records of the public utility, or of any…
Ark. Code Ann. § 23-2-409 Subpoenas — Failure to comply — Penalty
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The failure or refusal of any witness to appear or to produce any books, papers, or documents required by the Arkansas Public Service Commission or the Arkansas Department of Transportation and to submit them to the inspection of the commission or the department or the refusal to…
Ark. Code Ann. § 23-2-410 Refusal to attend or testify — Contempt proceedings
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In case of failure on the part of any person to comply with any lawful order of the commission, of any commissioner, or of any examiner specifically designated to conduct an investigation, or to comply with any subpoena or subpoena duces tecum, or in case of failure to testify co…
Ark. Code Ann. § 23-2-411 No person excused from testifying — Exemption from prosecution
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(a) (1) No person shall be excused from testifying or from producing any book, document, paper, correspondence, or account in any investigation, inquiry by, or hearing before the commission or any commissioner or examiner when ordered to do so upon the ground that the testimony o…
Ark. Code Ann. § 23-2-412 Depositions
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The commission, any commissioner, or any party to the proceedings in any investigation or hearing before the commission may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions.
Ark. Code Ann. § 23-2-413 Perjury
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False testimony shall constitute perjury punishable as provided by law.
Ark. Code Ann. § 23-2-414 Witness and mileage fees
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(a) Witnesses who are summoned before the commission shall be paid the same fees and mileage as are paid to witnesses in courts of record. (b) Witnesses whose depositions are taken pursuant to the provisions of this act and the officer taking the deposition shall be entitled to t…
Ark. Code Ann. § 23-2-415 Hearings generally
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(a) In addition to the hearings specifically provided for by this act, the commission may conduct such other hearings as may be required or expedient in the administration of the powers and duties conferred upon it by this act. (b) The commission shall fix the time and place of a…