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23-13-233. Certificates, permits, and licenses — Amendment, revocation, and suspension.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-233. Certificates, permits, and licenses — Amendment, revocation, and suspension.
(a) Any certificates, permits, or licenses, upon application of the holder thereof and in the discretion of the Arkansas Department of Transportation, may be amended or revoked, in whole or in part, or may upon complaint or on the department's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for:
(1) Willful failure to comply with any provision of this subchapter, with any lawful order or rule of the department promulgated thereunder, or with any term, condition, or limitation of the certificate, permit, or license;
(2) Failure to render reasonably continuous service in the transportation of all of the commodities authorized to be transported over all of the routes authorized to be traversed;
(3) Failure to file a complete annual motor carrier report pursuant to Acts 1927, No. 129, as amended; or
(4) Failure to timely pay ad valorem property taxes.
(b) It is the intent of this section to require the department to suspend or revoke, after notice and hearing as hereafter provided, all or such part of the authority granted by any certificate which is not exercised reasonably continuously.
(c) No certificate, permit, or license shall be revoked, except under application of the holder or violation of § 23-13-227, unless the holder thereof willfully fails to comply within a reasonable time, not less than thirty (30) days, to be fixed by the department, with a lawful order of the department commanding obedience to the provisions of this subchapter, or to the rules of the department, or to the terms, conditions, or limitation of such certificate, permit, or license found by the department to have been violated by the holder.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-233
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:23-13-233
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2669b22a26c24cd169cc61a058b119402933a6bbe3fed54e70a0e2a058194365
Source location: content.xml paragraph 9232
Stored source content
23-13-233. Certificates, permits, and licenses — Amendment, revocation, and suspension.
(a) Any certificates, permits, or licenses, upon application of the holder thereof and in the discretion of the Arkansas Department of Transportation, may be amended or revoked, in whole or in part, or may upon complaint or on the department's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for:
(1) Willful failure to comply with any provision of this subchapter, with any lawful order or rule of the department promulgated thereunder, or with any term, condition, or limitation of the certificate, permit, or license;
(2) Failure to render reasonably continuous service in the transportation of all of the commodities authorized to be transported over all of the routes authorized to be traversed;
(3) Failure to file a complete annual motor carrier report pursuant to Acts 1927, No. 129, as amended; or
(4) Failure to timely pay ad valorem property taxes.
(b) It is the intent of this section to require the department to suspend or revoke, after notice and hearing as hereafter provided, all or such part of the authority granted by any certificate which is not exercised reasonably continuously.
(c) No certificate, permit, or license shall be revoked, except under application of the holder or violation of § 23-13-227, unless the holder thereof willfully fails to comply within a reasonable time, not less than thirty (30) days, to be fixed by the department, with a lawful order of the department commanding obedience to the provisions of this subchapter, or to the rules of the department, or to the terms, conditions, or limitation of such certificate, permit, or license found by the department to have been violated by the holder.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-227. Certificates and permits — Security for the protection of the public.
(a) No certificate or permit shall be issued to a motor carrier or remain in force unless the carrier complies with such reasonable rules as the Arkansas Department of Transportation shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualification as a self-insurer or other securities or agreements in such reasonable amount as the department may require, conditioned to pay, within the amount of the surety bonds, policies of insurance, qualifications as a self-insurer or other securities or agreements, any final judgment recovered against the motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles under the certificate or permit or for loss or damage to the property of others.
(b)(1) In its discretion and under such rules as it shall prescribe the department may require any such common carrier to file a surety bond, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in a sum to be determined by the department, to be conditioned upon the carrier making compensation to shippers or consignees for all property belonging to shippers or consignees and coming into the possession of such carriers in connection with its transportation service.
(2) Any carrier which may be required by law to compensate a shipper or consignee for any loss, damage, or default for which a connecting motor common carrier is legally responsible shall be subrogated to the rights of the shipper or consignee under any such bond, policies, or insurance or other securities or agreements, to the extent of the sum so paid, plus any court costs and reasonable at
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-227
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 23-13-227. This identifies an authority to review, not proof of applicability.