Title 54 Public Utilities Chapter 7 Hearings, Practice, and Procedure Section 20 Reparations -- Courts to enforce commission's orders -- Limitation of action.
54-7-20.Reparations -- Courts to enforce commission's orders -- Limitation of
action.
(1) When complaint has been made to the commission concerning any rate, fare, toll,
rental or charge for any product or commodity furnished or service performed by any public
utility, and the commission has found, after investigation, that the public utility has charged an
amount for such product, commodity or service in excess of the schedules, rates and tariffs on file
with the commission, or has charged an unjust, unreasonable or discriminatory amount against the
complainant, the commission may order that the public utility make due reparation to the
complainant therefor, with interest from the date of collection.
(2) If the public utility does not comply with the order for the payment of reparation
within the time specified in such order, suit may be instituted in any court of competent
jurisdiction to recover the same. All complaints concerning unjust, unreasonable or discriminatory
charges shall be filed with the commission within one year, and those concerning charges in
excess of the schedules, rates and tariffs on file with the commission shall be filed with the
commission within two years, from the time such charge was made, and all complaints for the
enforcement of any order of the commission shall be filed in court within one year from the date
of such order. The remedy in this section provided shall be cumulative and in addition to any
other remedy or remedies under this title in case of failure of a public utility to obey an order or
decision of the commission.
No Change Since 1953
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