Title 23, Public Utilities and Regulated Industries

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…

There is established in the Arkansas Public Service Commission the positions of two (2) assistant general counsel who shall be well-trained attorneys.

(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…

(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…

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…

(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 …

(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…

(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 …

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.

(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. (…

(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…

(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 …

(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…

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…

(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…

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…

(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…

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…

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…

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…

(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…

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, …

(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 …

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.

(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…

(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…

(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…

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…

(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…

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…

(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…

(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…

(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…

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.

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.

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…

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…

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…

(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…

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.

False testimony shall constitute perjury punishable as provided by law.

(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…

(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…

(a) The commission, in its discretion, when a complaint is made concerning more than one (1) rate, charge, or service, may order separate hearings thereon at such times as it may prescribe. (b) The commission may, for the purpose of a hearing, consolidate complaints when no injus…

In all actions and proceedings arising under the provisions of this act, or growing out of the exercise of the authority and powers granted by this act to the commission, the burden of proof shall be upon the parties seeking to avoid compliance with the provisions of this act or …

(a) A full and complete record shall be kept of all proceedings had before the Arkansas Public Service Commission, the Arkansas Department of Transportation, any commissioner, or any examiner on any formal investigation. (b) All testimony shall be recorded by official reporters a…