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…
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…