Violations of §§ 23-4-601, 23-4-608 — 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101, tariff of charges, or rules of department — Penalties — Recovery

  1. Law
  2. Arkansas Code
  3. Public Utilities and Regulated Industries
  4. Public Utilities And Carriers
  5. Regulation of Rates and Charges Generally
  6. Railroads and Other Carriers Generally
  7. Violations of §§ 23-4-601, 23-4-608 — 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101, tariff of charges, or rules of department — Penalties — Recovery

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  1. (a) If any person or corporation operating a railroad or express company in this state or any receiver, trustee, or lessee of any such person or corporation violates any of the provisions of §§ 23-4-601, 23-4-608 — 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101, or aids or abets therein, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department and for which there is no other penalty prescribed, then such a person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-4-601, 23-4-608 — 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101 or such tariff of charges or rules and regulations.

  2. (b)

    1. (1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which such a violation may occur.

    2. (2)

      1. (A) The department shall institute actions for the recovery of the penalties prescribed in §§ 23-4-601, 23-4-608 — 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101 through the prosecuting attorney of the proper district.

      2. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.

      3. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit, who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected.

    3. (3) No suit shall be dismissed or compromised without the consent of the court and of the department. In such cases the prosecuting attorney shall not interfere.

  3. (c) In all trials of cases brought for violation of any tariff of charges by the department, it may be shown in evidence that the tariff so fixed was unjust.

  4. (d) Nothing in this section shall be so construed as to in any manner interfere with any action for damages which may be provided by law.


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