Ark. Code Ann. » Title 23 Chapter 04
Arkansas Code Annotated

Ark. Code Ann. § 23-4-305 (2026)

Powers and duties

✓ current as of May 2026
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The Consumer Utilities Rate Advocacy Division shall represent the state, its subdivisions, and all classes of Arkansas utility rate payers and shall have the following functions, powers, and duties:

  1. To provide effective and aggressive representation for the people of Arkansas in hearings before the Arkansas Public Service Commission and other state and federal courts or agencies concerning utility-related matters;
  2. To disseminate information to all classes of rate payers concerning pertinent energy-related concepts; and
  3. To advocate the holding of utility rates to the lowest reasonable level.

History. Acts 1981 (1st Ex. Sess.), No. 39, § 4; A.S.A. 1947, § 73-217n.

Case Notes

Scope of Authority.

The fact that this section gives the Attorney General the power to represent all classes of utility ratepayers before the commission does not mean that the Attorney General has veto power over the methodology employed by the commission in setting rates pursuant to the authority granted the commission under § 23-2-301. Bryant v. Arkansas Pub. Serv. Comm'n, 46 Ark. App. 88, 877 S.W.2d 594 (1994).

Settlement Agreement.

The Attorney General's support of a Stipulation and Settlement Agreement with the Arkansas Power and Light Company did not violate the statutory mandate of this section. Arkansas Elec. Energy Consumers v. Arkansas Pub. Serv. Comm'n, 35 Ark. App. 47, 813 S.W.2d 263 (1991).

Where the Arkansas Attorney General represented the state and all classes of utility ratepayers in administrative proceeding, a settlement the Attorney General entered into in the proceeding barred by the doctrine res judicata a later administrative proceeding commenced by ratepayers; the Attorney General had represented the ratepayers' interest in the first administrative proceeding. Brandon v. Arkansas W. Gas Co., 76 Ark. App. 201, 61 S.W.3d 193 (2001).

Cited: General Tel. Co. of Southwest v. Arkansas Pub. Serv. Comm'n, 295 Ark. 595, 751 S.W.2d 1 (1988).

Notes of Decisions
Cited in 6 cases, 1988–2009 · leading case: Arkansas Elec. Energy Consumers v. Arkansas Pub. Serv. Comm'n, 813 S.W.2d 263 (Ark. Ct. App. 1991).
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Arkansas Elec. Energy Consumers v. Arkansas Pub. Serv. Comm'n, 813 S.W.2d 263 (Ark. Ct. App. 1991). · cites it 6× “We have real doubts about this situation, especially now that the Arkansas Attorney General may represent the public interest in these cases, Ark. Code Ann. § 23-4-305 (1987). In this case, however, we find no specific, unfair prejudice in permitting the staff to ask for…”
Brandon v. Arkansas W. Gas Co., 61 S.W.3d 193 (Ark. Ct. App. 2001). · cites it 4× “See Ark. Code Ann. § 23-4-305 (1987), which provides that the Attorney General represents “the state, its subdivisions and all classes of Arkansas utility rate payers.”
Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 324 S.W.3d 697 (Ark. Ct. App. 2009). · cites it 4× “See Ark.Code Ann. § 23-4-305 (Repl.2002). Although it does not appear that the Office of the Attorney General was given notice of SWEPCO's needs application, CURAD's participation as a party in the CECPN proceeding was almost non-existent.”
Bryant v. Arkansas Pub. Serv. Comm'n, 871 S.W.2d 414 (Ark. Ct. App. 1994). · cites it 4× “The Commission in its order clearly acknowledged the Attorney General's right to review the material, yet the Attorney General, who is charged with representing and disseminating information to rate payers and advocating the lowest reasonable utility rates pursuant to Ark.Code…”
Gen. Tel. Co. v. Arkansas Pub. Serv. Comm'n, 751 S.W.2d 1 (Ark. 1988). · cites it 2× “We have real doubts about this situation, especially now that the Arkansas Attorney General may represent the public interest in these cases, Ark. Code Ann. § 23-4-305 (1987). In this case, however, we find no specific, unfair prejudice in permitting the staff to ask for…”
Bryant v. Arkansas Pub. Serv. Comm'n, 919 S.W.2d 522 (Ark. Ct. App. 1996). · cites it 2× “Section 23-4-305 provides: The Consumer Utilities Rate Advocacy Division shall represent the state, its subdivisions, and all classes of Arkansas utility rate payers and shall have the following functions, powers, and duties: (1) To provide effective and aggressive…”
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