Ark. Code Ann. § 23-2-101 (2026)
Members generally
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- The Arkansas Public Service Commission shall consist of three (3) members to be known as “commissioners”, one (1) of whom shall be a lawyer.
- Each commissioner shall have resided in the state for five (5) years and shall be a qualified elector.
- Each commissioner before entering on his or her duties shall take the oath prescribed by the Arkansas Constitution, shall swear that he or she is not pecuniarily interested in any public utility or affiliate, or any public carrier or affiliate therewith, as employee, stockholder, or security holder.
- Each commissioner shall execute a bond to the State of Arkansas in the sum of ten thousand dollars ($10,000), conditioned for the faithful discharge and performance of his or her duties.
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- At the expiration of each of the commissioners' terms, the Governor, subject to the approval of the Senate, shall appoint one (1) member who shall hold office for a term of six (6) years.
- Each commissioner shall hold office during the term for which he or she was appointed and until his or her successor is appointed and qualified.
- The Governor shall designate one (1) of the commissioners as chair.
History. Acts 1945, No. 40, § 1; A.S.A. 1947, §§ 73-101, 73-103, 73-104; Acts 2013, No. 1144, § 1.
A.C.R.C. Notes. The operation of subsection (c) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The subsection may again become effective upon cessation of coverage under that program. See § 21-2-703.
Publisher's Notes. The terms of the members of the Arkansas Public Service Commission are arranged so that one term expires every two years on January 14.
Amendments. The 2013 amendment repealed former (d).
Case Notes
Constitutionality.
Empowering the Governor to appoint special Arkansas Public Service Commission commissioners, without Senate approval, is a valid delegation of authority by the legislature to the branch of government that is equipped to execute and implement legislative mandates, therefore, § 23-2-102(a) passes constitutional muster. Clinton v. Clinton, 305 Ark. 585, 810 S.W.2d 923 (1991).
Appointment.
Upon failure of the Governor to submit the name of an appointee to succeed a member whose term expired while the Senate was in session within five days of the occurrence of the vacancy, the Senate had no power to make the appointment, but the member whose term expired held over until an appointment was made by the Governor, confirmed by the Senate, and the appointee qualified. Walther v. McDonald, 243 Ark. 912, 422 S.W.2d 854 (1968).
Cited: Arkansas Power & Light Co. v. Arkansas Pub. Serv. Comm'n, 226 Ark. 225, 289 S.W.2d 668 (1956).