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23-15-212. Injunction and jurisdiction.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-15-212. Injunction and jurisdiction.
(a)(1) The Arkansas Public Service Commission pursuant to the provisions of Acts 1935, No. 324, shall have the right to file suit to restrain violations of this subchapter, including the restraint of transportation of gas or the operation of a pipeline facility, or to enforce standards established hereunder upon petition by the commission or by the appropriate prosecuting attorney or the Attorney General on behalf of the State of Arkansas.
(2) Whenever practicable, the commission shall give notice to any person against whom an action for injunctive relief is contemplated and afford him or her an opportunity to present his or her views and, except in the case of a knowing and willful violation, shall afford him or her reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
(b) Actions under subsection (a) of this section and § 23-15-211 may be brought in any court of competent jurisdiction in any county wherein any act or transaction constituting the alleged violation occurred or in the county wherein is located the principal place of business of any defendant. Process in such cases may be served in any manner provided by law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-15-212
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:23-15-212
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 96b18df1be82a848f5e197b85e0f2dcc3fb23b01bde88278e5b1d154e07ccd27
Source location: content.xml paragraph 10898
Stored source content
23-15-212. Injunction and jurisdiction.
(a)(1) The Arkansas Public Service Commission pursuant to the provisions of Acts 1935, No. 324, shall have the right to file suit to restrain violations of this subchapter, including the restraint of transportation of gas or the operation of a pipeline facility, or to enforce standards established hereunder upon petition by the commission or by the appropriate prosecuting attorney or the Attorney General on behalf of the State of Arkansas.
(2) Whenever practicable, the commission shall give notice to any person against whom an action for injunctive relief is contemplated and afford him or her an opportunity to present his or her views and, except in the case of a knowing and willful violation, shall afford him or her reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
(b) Actions under subsection (a) of this section and § 23-15-211 may be brought in any court of competent jurisdiction in any county wherein any act or transaction constituting the alleged violation occurred or in the county wherein is located the principal place of business of any defendant. Process in such cases may be served in any manner provided by law.
Cross-references
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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. The source passage cites 23-15-211. This identifies an authority to review, not proof of applicability.