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23-13-262. Actions to recover penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-262. Actions to recover penalties.
(a) An action to recover a penalty under §§ 23-13-234 and 23-13-257 — 23-13-264 or to enforce the powers of the Arkansas Department of Transportation under this subchapter or any other law may be brought in any circuit court in this state in the name of the State of Arkansas, on relation to the department, and shall be commenced and prosecuted to final judgment by the counsel to the department.
(b) In any such action, all penalties incurred up to the time of commencing the action may be sued for and recovered therein.
(c) The commencement of an action to recover a penalty shall not be or be held to be a waiver of the right to recover any other penalty.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-262
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:23-13-262
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2167fb0150e8f4e3232c9a06b4423e7ed768334928e66be665eb3422679faf7a
Source location: content.xml paragraph 9634
Stored source content
23-13-262. Actions to recover penalties.
(a) An action to recover a penalty under §§ 23-13-234 and 23-13-257 — 23-13-264 or to enforce the powers of the Arkansas Department of Transportation under this subchapter or any other law may be brought in any circuit court in this state in the name of the State of Arkansas, on relation to the department, and shall be commenced and prosecuted to final judgment by the counsel to the department.
(b) In any such action, all penalties incurred up to the time of commencing the action may be sued for and recovered therein.
(c) The commencement of an action to recover a penalty shall not be or be held to be a waiver of the right to recover any other penalty.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-234. Operation without certificate or permit prohibited — Violation of terms, conditions, etc., of certificate, permit, or license prohibited.
(a)(1) Any motor carrier using the highways of this state without first having obtained a permit or certificate from the Arkansas Department of Transportation, as provided by this subchapter, or who, being a holder thereof, violates any term, condition, or provision thereof shall be subject to a civil penalty to be collected by the department, after notice and hearing, in an amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(2) If the penalty is not paid within ten (10) days from the date of the order of the department assessing the penalty, twenty-five percent (25%) thereof shall be added to the penalty.
(3) Any amounts collected from the penalties provided for under this subsection shall be deposited by the department into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
(b)(1) Any person required by this subchapter to obtain a certificate of convenience and necessity as a common carrier or a permit as a contract carrier and operates as such a carrier without doing so shall be guilty of a violation. Upon conviction, he or she shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first such offense and not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each subsequent offense.
(2) Each day of the violation shall be a separate offense.
(c)(1) Any person violating any other provision or any term or condition of any certificate, permit, or license, except as otherwise provided in § 23-13-258, shall be guilty of a violation and upon c
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-234
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 23-13-234. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-257. Violations by carriers, shippers, brokers, etc., or employees, agents, etc. — Penalties.
Any person, whether a carrier, shipper, consignee, or broker, or any officer, employee, agent, or representative thereof who shall knowingly offer, grant, or give or solicit, accept, or receive any rebate, concession, or discrimination in violation of any provision of this subchapter; who by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device shall knowingly assist, suffer, or permit any persons, natural or artificial, to obtain transportation of passengers or property subject to this subchapter for less than the applicable fare, rate, or charge; who shall knowingly by any such means or otherwise fraudulently seek to evade or defeat rules as in this subchapter is provided for motor carriers or brokers; or who shall violate any of the rules, including safety rules, prescribed or hereafter prescribed by the State Highway Commission pursuant to the provisions of Title 23 of this Code, shall be guilty of a violation. Upon conviction, that person, unless otherwise provided in this chapter, shall be fined not more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-257
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 23-13-257. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-264. Disposition of forfeited bonds and fines.
One-half (½) of the amount of forfeited bonds and one-half (½) of the fines collected for violations of this subchapter shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the General Revenue Fund Account of the State Apportionment Fund.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-264
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 23-13-264. This identifies an authority to review, not proof of applicability.