Arkansas Code Title 23, Subtitle 1, Chapter 2, Subchapter 4 - Procedure Before Commissions

• § 23-2-401 - Definition.
  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...
• § 23-2-402 - Powers of Commission, Commissioners, and Examiners.
  The commission and each of the commissioners and examiners specifically designated to make investigations, for the purposes mentioned in this act, may: (1) Issue...
• § 23-2-403 - Evidence and Pleading.
  (a) The Arkansas Public Service Commission and the Arkansas State Highway and Transportation Department shall prescribe the rules of procedure and for taking of...
• § 23-2-404 - [Repealed.]
• § 23-2-405 - Service of Process, Notices, Complaints, Etc.
  (a) All process issued by the commission shall extend to all parts of the state, and any such process, together with the service of...
• § 23-2-406 - Oaths -- Testimony.
  Any commissioner, secretary, or assistant secretary employed by the Arkansas Public Service Commission or the Arkansas State Highway and Transportation Department may administer oaths...
• § 23-2-407 - Subpoenas for Witnesses -- Issuance and Service.
  Subpoenas for witnesses shall be issued by the secretary, assistant secretary, or any commissioner of the Arkansas Public Service Commission or the Arkansas State...
• § 23-2-408 - Subpoenas Duces Tecum.
  The commission may require, by order served on any public utility in the manner provided in this act for the service of orders, the...
• § 23-2-409 - Subpoenas -- Failure to Comply -- Penalty.
  The failure or refusal of any witness to appear or to produce any books, papers, or documents required by the Arkansas Public Service Commission...
• § 23-2-410 - Refusal to Attend or Testify -- Contempt Proceedings.
  In case of failure on the part of any person to comply with any lawful order of the commission, of any commissioner, or of...
• § 23-2-411 - No Person Excused From Testifying -- Exemption From Prosecution.
  (a) (1) No person shall be excused from testifying or from producing any book, document, paper, correspondence, or account in any investigation, inquiry by,...
• § 23-2-412 - Depositions.
  The commission, any commissioner, or any party to the proceedings in any investigation or hearing before the commission may cause the deposition of witnesses...
• § 23-2-413 - Perjury.
  False testimony shall constitute perjury punishable as provided by law.
• § 23-2-414 - Witness and Mileage Fees.
  (a) Witnesses who are summoned before the commission shall be paid the same fees and mileage as are paid to witnesses in courts of...
• § 23-2-415 - Hearings Generally.
  (a) In addition to the hearings specifically provided for by this act, the commission may conduct such other hearings as may be required or...
• § 23-2-416 - Hearings -- Separation or Consolidation of Complaints.
  (a) The commission, in its discretion, when a complaint is made concerning more than one (1) rate, charge, or service, may order separate hearings...
• § 23-2-417 - Burden of Proof.
  In all actions and proceedings arising under the provisions of this act, or growing out of the exercise of the authority and powers granted...
• § 23-2-418 - Records of Proceedings and Testimony.
  (a) A full and complete record shall be kept of all proceedings had before the Arkansas Public Service Commission, the Arkansas State Highway and...
• § 23-2-419 - Quorum.
  (a) (1) A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or...
• § 23-2-420 - Orders, Findings, Rules, Certificates, Etc., Under Acts 1935, No. 324, to Be in Writing -- Copies As Evidence.
  (a) Every order, finding, authorization, rule, regulation, or certificate issued or approved by the commission under any provisions of this act shall be in...
• § 23-2-421 - Findings and Orders of Commission.
  (a) The Arkansas Public Service Commission's decision shall be in sufficient detail to enable any court in which any action of the commission is...
• § 23-2-422 - Commission Orders -- Rehearings.
  (a) Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission may apply for a...
• § 23-2-423 - Commission Orders -- Judicial Review -- Procedure.
  (a) (1) Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission in the proceeding...
• § 23-2-424 - Commission Orders -- Rehearing or Judicial Review -- Effect on Order, Stocks, Etc.
  (a) (1) The filing of an application for rehearing under § 23-2-422 shall not, unless specifically ordered by the Arkansas Public Service Commission, operate...
• § 23-2-425 - Appeals From Department.
  (a) (1) Within thirty (30) days after the entry on the record of the Arkansas State Highway and Transportation Department of any order made...
• § 23-2-426 - Amendment or Rescission of Commission's Decisions.
  (a) The commission may at any time, and from time to time, after notice, and after opportunity to be heard as provided in the...
• § 23-2-427 - Orders, Rules, Etc., of Department Not Controverted in Actions Between Private Person and Railroad Company.
  In all actions between private parties and railroad companies brought under Acts 1899, No. 53, the rates, charges, orders, rules, regulations, and classifications prescribed...
• § 23-2-428 - Costs of Actions.
  (a) The commission shall not be required in any suits brought by it under the terms of this act to advance or make deposits...
• § 23-2-429 - Investigation, Inquiry, or Hearing by Commissioner or Examiner.
  (a) Any investigation, inquiry, or hearing which the commission has power to undertake or hold may be undertaken or held by or before any...
• § 23-2-430 - Effect of Repeal of § 23-2-404.
  The repeal of § 23-2-404 by Acts 1997, No. 1311, shall not be construed as depriving or expanding the current authority of the Attorney...

Last modified: November 15, 2016