1. (a) Failure to pay an assessed contribution to the Arkansas High Cost Fund shall be deemed a violation of this part.

2. (b)

   1. (1) If the Arkansas Public Service Commission determines, after notice and hearing, that a carrier has acted in violation of this part, in addition to the other enforcement powers of the Arkansas Public Service Commission, the Arkansas Public Service Commission, or its designee, shall bring an action on behalf of the fund in the appropriate court of competent jurisdiction, to recover any charge or charges the Arkansas Public Service Commission determines are due and payable to the fund.

   2. (2) The Arkansas Public Service Commission, or its designee, is authorized to bring the action on behalf of and to represent the fund to collect the overdue charge or charges and any costs incurred by the fund to pursue collection of said charges, including but not limited to:

      1. (A) Interest;
      2. (B) Administrative and adjudicative costs; and
      3. (C) Attorney fees.
   3. (3) Upon collection of the charges and costs, the administrator shall pay the costs associated with such collection action or actions and deposit any remaining funds into the Arkansas High Cost Fund.

Codification Notes: This section was promulgated as Rule 3.06 of the Arkansas High Cost Fund Rules prior to codification in the Code of Arkansas Rules.