Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-14-110 Certificates — Application — Notice and hearings
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(a) Applications for certificates shall be made in writing to the Arkansas Department of Transportation, shall be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the department shal…
Ark. Code Ann. § 23-14-111 Temporary certificates
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The Arkansas Department of Transportation may grant temporary certificates without notice or hearing upon such terms and conditions as the department may prescribe, but not for a period exceeding one hundred eighty (180) days.
Ark. Code Ann. § 23-14-112 Certificates — Security for protection of public required
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No certificate shall be issued to a common carrier by aircraft or remain in force unless the carrier complies with such reasonable rules as the Arkansas Department of Transportation shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualific…
Ark. Code Ann. § 23-14-113 Certificates — Evidence of compliance with other laws required
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No certificate shall be issued to any person to operate as a common carrier by aircraft unless the applicant submits evidence satisfactory to the Arkansas Department of Transportation showing that it will comply with the provisions of the laws of the United States and the lawful …
Ark. Code Ann. § 23-14-114 Issuance of certificates
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The Arkansas Department of Transportation, subject to §§ 23-14-109 and 23-14-111 — 23-14-113, shall issue a certificate authorizing the whole or any part of the operation covered by an application for a certificate if it finds that the applicant is fit, willing, and able to perfo…
Ark. Code Ann. § 23-14-115 Certificates — Terms and conditions
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Each certificate issued pursuant to this chapter shall set forth specifically the privileges granted thereby, together with the effective date and the duration thereof.
Ark. Code Ann. § 23-14-116 Certificates — Transfer or lease
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Any certificate may be transferred or leased subject to the approval of the Arkansas Department of Transportation and under such reasonable rules as may be prescribed by the department.
Ark. Code Ann. § 23-14-117 Certificates — Modification, suspension, or revocation
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The Arkansas Department of Transportation after due notice and hearing may alter, amend, modify, suspend, or revoke any certificate previously granted where the public interest so demands.
Ark. Code Ann. § 23-14-118 Rates and service generally
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Every common carrier by aircraft shall furnish reasonable and adequate service and facilities at just and reasonable rates as shall be determined by the Arkansas Department of Transportation.
Ark. Code Ann. § 23-14-119 Extension of service
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The Arkansas Department of Transportation after due notice and hearing may require any certificate holder to extend its existing service as required by the public convenience and necessity.
Ark. Code Ann. § 23-14-120 Abandonment or discontinuance of service
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No common carrier by aircraft shall abandon or discontinue any route or part thereof for which a certificate has been issued by the Arkansas Department of Transportation, unless upon the application of the common carrier the department finds after notice and opportunity for heari…
Ark. Code Ann. § 23-14-121 Tariffs
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(a) Filing. A common carrier by aircraft shall file with the Arkansas Department of Transportation, print, and make available to the public tariffs showing all rates, fares, and charges for air commerce between points served by it, and between points served by it and points serve…
Ark. Code Ann. § 23-14-122 Free or reduced-rate transportation
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(a) Nothing in this chapter shall prohibit common carriers by aircraft, under such terms and conditions as the Arkansas Department of Transportation may prescribe, from issuing or interchanging tickets or passes for free or reduced-rate transportation to:(1) Their directors, offi…
Ark. Code Ann. § 23-14-123 Change in tariff, charge, rule, regulation, etc. — Approval by department
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(a) (1) A change shall not be made in any rate, fare, or charge, or any classification, rule, regulation, or practice affecting the rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff of any common carrier by aircraft, except upon appr…
Ark. Code Ann. § 23-14-124 Regulation of securities and liens — Liability of state
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(a) The Arkansas Department of Transportation is empowered to supervise, regulate, restrict, and control the issuance of stock, stock certificates, bonds, notes, and other evidences of indebtedness by common carriers by aircraft incorporated under the laws of Arkansas and the cre…
Ark. Code Ann. § 23-14-125 Accounts, records, and reports
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(a) The Arkansas Department of Transportation is empowered to require annual and other periodic reports from any common carrier by aircraft covering any or all operations or business. (b) The department may also require any common carrier by aircraft to file with it a true copy o…
Ark. Code Ann. § 23-14-126 Access to and examination of property and records
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(a) The Arkansas Department of Transportation shall at all times have access to all lands, buildings, and equipment of any common carrier by aircraft and to all accounts, records, and memoranda, including all documents, papers, and correspondence, now or hereafter existing and ke…
Ark. Code Ann. § 23-14-127 Emergency landings or takeoffs
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No common carrier by aircraft shall be deemed to have violated any term, condition, or limitation of its certificate by landing or taking off during an emergency at a point not named in its certificate, or by operating during an emergency between terminal and intermediate points …
Ark. Code Ann. § 23-14-128 Fees
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(a) Application Fees. The following application fees shall be paid to the Arkansas Department of Transportation at the time of filing an application:Click here to view form. (b) Disposition of Fees Collected. All fees or sums collected by the department under the provisions of th…
Ark. Code Ann. § 23-15-101 Common carriers — Eminent domain
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(a) All pipeline companies operating in this state are given the right of eminent domain and are declared to be common carriers, except pipelines operated for conveying natural gas for public utility service. (b) The procedure to be followed in the exercise of the right shall be …
Ark. Code Ann. § 23-15-102 [Transferred.]
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A.C.A. § 23-15-102Current 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. § 23-15-103 Gas rates
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(a) (1) A gas line or company operating in this state that renders a domestic or general service to the public in the furnishing and sale of gas is required to buy or furnish from the lowest or most advantageous market.(2) Failure to comply with subdivision (a)(1) of this section…
Ark. Code Ann. § 23-15-104 Rates and charges of natural gas utilities — Determination
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In determining and regulating the rates and charges of a natural gas utility company, the Arkansas Public Service Commission shall allow as an operating expense of the natural gas utility company, for natural gas produced by it, the fair value or reasonable market price of the na…
Ark. Code Ann. § 23-15-105 Pipeline companies authorized to transport ammonia and other components of fertilizer
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(a) Pipeline companies operating in this state as common carriers and companies operating pipelines in this state for conveying natural or artificial gas for public utility service may transport by pipeline ammonia and other substances and materials composing commercial fertilize…
Ark. Code Ann. § 23-15-201 Title
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This subchapter may be cited as the “Arkansas Natural Gas Pipeline Safety Act of 1971”.
Ark. Code Ann. § 23-15-202 Purpose
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It is the purpose of this subchapter to empower the Arkansas Public Service Commission to submit a satisfactory certification pursuant to Section 5 of the Natural Gas Pipeline Safety Act of 1968, Pub. L. No. 90-481, and to otherwise protect the public peace, health, and safety of…
Ark. Code Ann. § 23-15-203 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Commission” means the Arkansas Public Service Commission;(2) “Gas” means natural gas, flammable gas, or gas which is toxic or corrosive;(3) “Interstate transmission facilities” means pipeline facilities us…
Ark. Code Ann. § 23-15-204 General powers of commission
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(1) The Arkansas Public Service Commission may:(1) Advise, consult, contract, and cooperate with any agency of the federal government, the State of Arkansas, or any other state in projects of common interest of the regulations of safety of pipeline facilities and transportation o…
Ark. Code Ann. § 23-15-205 Safety standards
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(a) The Arkansas Public Service Commission by order may promulgate, amend, enforce, waive, and repeal minimum safety standards for the transportation of gas and pipeline facilities. (b) (1) These standards may apply to the design, installation, inspection, testing, construction, …
Ark. Code Ann. § 23-15-206 Reports, records, etc., to be maintained — Access by commission
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(a) The Arkansas Public Service Commission may require persons subject to this subchapter to maintain record maintenance, reporting, and inspection. (b) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain s…
Ark. Code Ann. § 23-15-207 Inspections and investigations generally
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(a) (1) The Arkansas Public Service Commission may make inspections and investigations consistent with this subchapter and conduct investigations of pipeline failures whenever needed, and in connection therewith, enter private or public property at all reasonable times.(2) The re…
Ark. Code Ann. § 23-15-208 Inspection and maintenance plans
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(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities not subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act shall file with the Arkansas Public Service Commission a plan for inspection …
Ark. Code Ann. § 23-15-209 Compliance and waiver
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(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall:(1) At all times after the date any applicable safety standard established under this subchapter takes effect, comply with the requirements of such standard;(2) File and com…
Ark. Code Ann. § 23-15-210 Confidentiality of information obtained by commission — Exception
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(a) All information reported to or otherwise obtained by the Arkansas Public Service Commission or its representative pursuant to the provisions hereof, which information contains or relates to a trade secret referred to in 18 U.S.C. § 1905, shall be considered confidential for t…
Ark. Code Ann. § 23-15-211 Civil penalty — Compromise — Proceedings
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(a) A person who violates a provision of § 23-15-209 or a rule issued under this subchapter is subject to a civil penalty not to exceed:(1) Two hundred thousand dollars ($200,000) for each day that the violation persists; and(2) Two million dollars ($2,000,000) for any related se…
Ark. Code Ann. § 23-15-212 Injunction and jurisdiction
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(a) (1) The Arkansas Public Service Commission pursuant to the provisions of Acts 1935, No. 324, shall have the right to file suit to restrain violations of this subchapter, including the restraint of transportation of gas or the operation of a pipeline facility, or to enforce st…
Ark. Code Ann. § 23-15-213 Tort liability
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Nothing in this subchapter shall affect the common law or statutory tort liability of any person.
Ark. Code Ann. § 23-15-214 Fees — Definition
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(a) (1) There is levied and charged and shall be collected by the Arkansas Public Service Commission an annual assessment fee against each natural gas pipeline transporter, owner, or operator subject to the provisions of this subchapter to provide for the cost of operating the pi…
Ark. Code Ann. § 23-15-215 Legislative intent concerning § 23-15-214
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(a) It is the purpose and intent of the General Assembly in enacting § 23-15-214 to specifically authorize the Arkansas Public Service Commission to make assessments upon interstate pipelines operating within this state and to provide funds to initiate and carry out an effective …
Ark. Code Ann. § 23-15-216 Disposition of funds
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On receipt of the fees, charges, and penalties provided for in this subchapter, the secretary of the Arkansas Public Service Commission shall pay the fees, charges, and penalties into the State Treasury. The amounts received by the Treasurer of State shall be credited by him or h…
Ark. Code Ann. § 23-15-217 Jurisdiction of commission over natural gas pipeline inspections
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(a) The Office of Pipeline Safety of the Arkansas Public Service Commission shall continue its administration of and shall continue to conduct safety inspections for any natural gas pipeline facilities which contain one hundred (100) or more parts per million of hydrogen sulfide …
Ark. Code Ann. § 23-16-101 Definitions
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(1) As used in this subchapter:(1) (A) “Other carriers” means all persons, firms, and corporations, other than rail carriers as defined in this section, which were subject to regulation by the former Arkansas Transportation Commission before the enactment of Acts 1945, No. 40, to…
Ark. Code Ann. § 23-16-102 Subchapter cumulative
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This subchapter shall be construed as being cumulative as to the terms and provisions of Acts 1935, No. 324, Acts 1945, No. 40, and the Arkansas Air Commerce Act, § 23-14-101 et seq., except as otherwise provided in § 23-3-109.
Ark. Code Ann. § 23-16-103 Annual certified statement of gross revenue
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(a) (1) Annually, during the month of March, every rail carrier and other carrier subject to regulation by the Arkansas Department of Transportation under the laws of Arkansas shall prepare and transmit to the department a certified statement of the gross revenues from its operat…
Ark. Code Ann. § 23-16-104 Annual fee collected from carriers
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(a) There is levied and charged and there shall be collected annually from each rail carrier subject to regulation by the Arkansas Department of Transportation under the laws of Arkansas a fee in an amount equivalent to that proportion of the total rail carrier cost that the gros…
Ark. Code Ann. § 23-16-105 Statement of fees due from rail carriers — Payment — Delinquent penalty
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(a) After determining the amount of the fee due to be paid by each of the rail carriers, the Arkansas Department of Transportation, annually on or before August 15, shall prepare and transmit to each of the rail carriers a statement of the fees due for rail carrier costs during t…
Ark. Code Ann. § 23-16-106 Record of cost of operation kept
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(a) The Arkansas Department of Transportation shall designate one (1) of its officers or employees who is familiar with cost accounting methods to keep a separate and accurate record of that part of the cost of operation and maintenance of the department having to do with matters…
Ark. Code Ann. § 23-16-201 Penalty
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Any person, officer, manager, company, corporation, association, or firm who violates any of the provisions of this subchapter shall be guilty of a Class A misdemeanor.
Ark. Code Ann. § 23-16-202 Bonds, contracts, etc., in violation of subchapter void
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Any bond, contract, or undertaking made in violation of the provisions of the subchapter shall be void.
Ark. Code Ann. § 23-16-203 Sureties
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No common carrier authorized to do business in this state, when requiring of an employee that he or she give a bond or undertaking of any nature whatsoever, shall require as surety thereon any person not a resident of this state. Nor shall any common carrier accept as surety any …