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15-74-501. Prohibition against discrimination in purchase price of crude oil from different pools.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-74-501. Prohibition against discrimination in purchase price of crude oil from different pools.
(a)(1) Any person engaged in the business of buying any crude oil for manufacture or sale thereof, who shall discriminate between different pools of crude oil in this state by purchasing crude oil at a lower price in one (1) pool than is paid for crude oil of the same kind, quality, and grade by that person in another pool after making due allowance for the difference, if any, in the reasonable cost of transportation from the locality of purchase to the locality of manufacture or sale, shall be deemed guilty of unfair discrimination, which is prohibited and declared to be unlawful.
(2) Provided, however, any person engaged in the business of buying any crude oil for the manufacture or sale thereof shall not be guilty of unfair discrimination if such person is responding to or competing with or matching prices offered by other purchasers of crude oil for manufacture or sale thereof.
(b) Any person who shall be convicted of unfair discrimination, as defined by this section:
(1) Shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000); and
(2) Shall be enjoined, upon the application of the State of Arkansas or any person injured by that discrimination, from engaging directly or indirectly in the business of purchasing any such commodities.
(c) Any person injured by that discrimination shall recover treble the amount of his or her damages resulting from that unfair discrimination, and the costs and expenses of the litigation, including a reasonable attorney's fee to be fixed by the court.
(d) As used in this section:
(1) “Person” means any individual, firm, corporation, partnership, association, tr
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-74-501
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:15-74-501
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 90dd5e18d21a71d0bf77340af2df07c3b5a7f3020110613d7ff85439520e6c51
Source location: content.xml paragraph 25514
Stored source content
15-74-501. Prohibition against discrimination in purchase price of crude oil from different pools.
(a)(1) Any person engaged in the business of buying any crude oil for manufacture or sale thereof, who shall discriminate between different pools of crude oil in this state by purchasing crude oil at a lower price in one (1) pool than is paid for crude oil of the same kind, quality, and grade by that person in another pool after making due allowance for the difference, if any, in the reasonable cost of transportation from the locality of purchase to the locality of manufacture or sale, shall be deemed guilty of unfair discrimination, which is prohibited and declared to be unlawful.
(2) Provided, however, any person engaged in the business of buying any crude oil for the manufacture or sale thereof shall not be guilty of unfair discrimination if such person is responding to or competing with or matching prices offered by other purchasers of crude oil for manufacture or sale thereof.
(b) Any person who shall be convicted of unfair discrimination, as defined by this section:
(1) Shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000); and
(2) Shall be enjoined, upon the application of the State of Arkansas or any person injured by that discrimination, from engaging directly or indirectly in the business of purchasing any such commodities.
(c) Any person injured by that discrimination shall recover treble the amount of his or her damages resulting from that unfair discrimination, and the costs and expenses of the litigation, including a reasonable attorney's fee to be fixed by the court.
(d) As used in this section:
(1) “Person” means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors;
(2) “Pool” shall have the same meaning as that term is defined and used in §§ 15-71-101 — 15-71-112, 15-72-101 — 15-72-110, 15-72-205, 15-72-212, 15-72-216, 15-72-301 — 15-72-324, and 15-72-401 — 15-72-407.
(e) The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-71-101. Creation.
There is created the Oil and Gas Commission, hereinafter in this act called the “commission”, to be appointed by the Governor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-71-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-71-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-71-112. Subpoenas.
(a) The Oil and Gas Commission, or any member thereof, is lawfully empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the commission as may be material upon questions lawfully before the commission.
(b) Subpoenas shall be served by the sheriff or any other officer authorized by law to serve process in this state.
(c) No person shall be excused from attending and testifying, or from producing books, papers, and records before the commission or a court, or from obedience to the subpoena of the commission or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture. Nothing contained in this section shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry, not pertinent to some question lawfully before the commission or court for determination.
(d) No natural person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the commission or court, or in obedience to its subpoena; provided, that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.
(e) In case of failure or refusal on the part of any person to comply with any subpoena issued by the commission or any member thereof, or in case of the refusal of any witness to testify or answer as to any ma
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-71-112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-71-112. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-72-101. Declaration of policy.
In recognition of past, present, and imminent evils occurring in the production and use of oil and gas as a result of waste in the production and use thereof in the absence of coequal or correlative rights of owners of crude oil or natural gas in a common source of supply to produce and use the crude oil or natural gas, this law is enacted for the protection of public and private interests against such evils by prohibiting waste and compelling ratable production.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-72-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-72-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-72-110. Appeals.
In all proceedings brought under authority of this act, of any oil or gas conservation statute of this state, or of any rule or order issued thereunder and in all proceedings instituted for the purpose of contesting the validity of any provision of the act, of any oil or gas conservation statute, or of any rule or order issued thereunder, appeals may be taken in accordance with the general laws of the State of Arkansas relating to appeals. However, in all appeals from judgments or decrees in suits to contest the validity of any provision of this act, or any rule of the Oil and Gas Commission hereunder, the appeals when docketed in the Supreme Court shall take precedence over other cases on the docket of that court and may be advanced as that court may order and direct.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-72-110
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-72-110. This identifies an authority to review, not proof of applicability.