Arkansas § 23-15-211 Civil penalty - Compromise - Proceedings

Arkansas Statutes

§ 23-15-211 — Civil penalty - Compromise - Proceedings

Arkansas § 23-15-211

Title23

This text of Arkansas § 23-15-211 (Civil penalty - Compromise - Proceedings) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 23-15-211 (2026).

Text

(a)A person who violates a provision of § 23-15-209 or a rule issued under this subchapter is subject to a civil penalty not to exceed:

(1)Two hundred thousand dollars ($200,000) for each day that the violation persists; and (2) Two million dollars ($2,000,000) for any related series of violations.

(b)Any such civil penalty may be compromised by the Arkansas Public Service Commission.

(c)In determining the amount of the penalty or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered.

(d)Proceedings under this section shall be subject to the Arkansas Admin

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(a) A person who violates a provision of § 23-15-209 or a rule issued under this subchapter is subject to a civil penalty not to exceed: (1) Two hundred thousand dollars ($200,000) for each day that the violation persists; and (2) Two million dollars ($2,000,000) for any related series of violations. (b) Any such civil penalty may be compromised by the Arkansas Public Service Commission. (c) In determining the amount of the penalty or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. (d) Proceedings under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) Any penalty imposed under this section, if not promptly paid to the commission, shall be recovered with interest thereon from the date of the order in a civil action brought by the commission. (f) Any civil penalty collected and imposed under this section shall be paid to the secretary of the Arkansas Public Service Commission.

Legislative History

Amended by Act 2019, No. 315,§ 2461, eff. 7/24/2019. Amended by Act 2013, No. 1343,§ 2, eff. 8/16/2013. Acts 1971, No. 285, §§ 6, 8; 1975, No. 877, § 2; A.S.A. 1947, §§ 73-1913, 73-1915; Acts 1991, No. 793, § 4; 1995, No. 713, § 1; 2005, No. 539, § 1.