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23-15-211. Civil penalty — Compromise — Proceedings.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-15-211. Civil penalty — Compromise — Proceedings.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-15-211
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:23-15-211
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8c50c2c0c958d7f63f46b4baf649396bc272f4284f4dfbc4ba5231c7bfc3260c
Source location: content.xml paragraph 10881
Stored source content
23-15-211. Civil penalty — Compromise — Proceedings.
(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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-15-209. Compliance and waiver.
(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall:
(1) At all times after the date any applicable safety standard established under this subchapter takes effect, comply with the requirements of such standard;
(2) File and comply with a plan of inspection and maintenance required by § 23-15-208; and
(3) Permit access to or copying of records, make reports or provide information, and permit entry or inspection, as required under §§ 23-15-206 and 23-15-207.
(b) The Arkansas Public Service Commission, pursuant to the provisions of the Natural Gas Pipeline Safety Act of 1968, Pub. L. No. 90-481, may waive compliance with a safety standard.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-15-209
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 23-15-209. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.