§ 23-14-107 — Duties and powers of department

Arkansas § 23-14-107

• Jurisdiction: Arkansas
• Title: 23

Text

(a) Administration and Enforcement. It shall be the duty of the Arkansas Department of Transportation to administer the provisions of this chapter, and to that end the department shall have authority to make and amend such general or special rules and regulations and to issue such orders as may be necessary to carry out the provisions of this chapter. (b) Jurisdiction Over Common Carriers by Aircraft. So far as may be necessary for the purpose of carrying out the provisions of this chapter, the department shall have general supervision and regulation of and jurisdiction and control over common carriers by aircraft. (c) Complaints and Investigation. The department may investigate, either upon complaint or upon its own initiative, as to whether any common carrier by aircraft has failed to comply with any provision of this chapter or with any order, rule, regulation, or requirement issued or established pursuant thereto and after notice and hearing take appropriate action to compel compliance therewith. (d) Joint Hearings and Cooperation. The department is authorized to confer with or to hold joint hearings with any authorities of any state or of the United States Government, having jurisdiction with respect to matters involving common carriers by aircraft, in connection with any matter arising under this chapter. The department is also authorized to avail itself of the cooperation, services, records, and facilities of such authorities as fully as may be practicable in the enforcement or administration of any provision of this chapter. (e) Interstate Rates and Service. When the interstate rates, fares, charges, or classifications of common carriers by aircraft affecting the commerce of this state are, in the opinion of the department, excessive or discriminatory or are levied or laid in violation of the Act of the United States Congress entitled "Civil Aeronautics Act of 1938" [repealed], approved June 23, 1938, and the acts amendatory thereof and supplementary thereto, or are in conflict with the rulings, orders, or regulations of the authorities having jurisdiction thereof, or when those services are, in the opinion of the department, inadequate, unsatisfactory, or discriminatory, the department may apply by petition to the authorities having jurisdiction thereof for relief and may present to those authorities all facts coming to the department's knowledge as to violations of the rulings, orders, or regulations of those authorities, or as to violations of the Civil Aeronautics Act of 1938 [repealed] or acts amendatory thereof or supplementary thereto. (f) Administrative and Judicial Procedure. The procedure of the department in administering this chapter and of the courts in all matters arising under this chapter shall be the same as established by the Arkansas Motor Carrier Act, 1955, § 23-13-201 et seq., wherever practicable.

Legislative History

Amended by Act 2017, No. 707,§ 237, eff. 8/1/2017. Acts 1945, No. 252, § 4; 1985, No. 257, § 5; A.S.A. 1947, § 74-404.