Arkansas § 23-13-241 Common carriers - Schedules, rules, etc., affecting rates, fares, etc. - Hearings - Suspension proceedings

Arkansas Statutes

§ 23-13-241 — Common carriers - Schedules, rules, etc., affecting rates, fares, etc. - Hearings - Suspension proceedings

(a)Whenever any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers, or by any such carrier in conjunction with a common carrier or carriers by railroad, express, or water, or any rule or practice affecting the rate, fare, or charge, or the value of the service thereunder is filed with the Arkansas Department of Transportation, the department is authorized and empowered to enter upon a hearing concerning the lawfulness of the rate, fare, or charge, or the lawfulness of a rule or practice, upon the complaint of any interested party or upon its own initiative, at once, if the department so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice.

(b)(1) Pending the hea

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(a) Whenever any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers, or by any such carrier in conjunction with a common carrier or carriers by railroad, express, or water, or any rule or practice affecting the rate, fare, or charge, or the value of the service thereunder is filed with the Arkansas Department of Transportation, the department is authorized and empowered to enter upon a hearing concerning the lawfulness of the rate, fare, or charge, or the lawfulness of a rule or practice, upon the complaint of any interested party or upon its own initiative, at once, if the department so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice. (b) (1) Pending the hearing and the decision thereon, the department from time to time may suspend the operations of the schedule and defer the use of the rate, fare, or charge or such rule or practice for a period of thirty (30) days by filing with the schedule and delivering to the carriers affected thereby a statement in writing of its reasons for the suspension. (2) If the proceeding has not been concluded and a final order made within the thirty-day period, the department from time to time, by order, may extend the period of suspension, but not for a longer period in the aggregate than ninety (90) days beyond the time when it would otherwise go into effect. The department may make the order with reference thereto as would be proper in a proceeding instituted after it had become effective. (c) If the proceeding has not been concluded and an order made within the period of suspension, the proposed change, or rate, fare, or charge or classification, rule, or practice shall go into effect at the end of the period.

Arkansas § 23-13-241 (Common carriers - Schedules, rules, etc., affecting rates, fares, etc. - Hearings - Suspension proceedings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Amended by Act 2019, No. 315,§ 2438, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 212, eff. 8/1/2017 Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.