40-248

40-248. Reparation of overcharge; action to
recover overcharge; limitations

A. When complaint is made to the commission concerning any rate, fare, toll, rental
or charge made by any public service corporation, and the commission finds, after
investigation, that the corporation has made an excessive or discriminatory charge, the
commission may order that the corporation make reparation to the complainant with
interest at the legal rate from the date of collection, if no discrimination will result
from such reparation. If the corporation does not comply with the order for payment of
reparation within the time specified in the order, an action may be brought to recover
the amount thereof.

B. All complaints concerning excessive or discriminatory charges shall be filed
with the commission within two years from the time the cause of action accrues, and the
action to enforce the order shall be brought within one year from the date of the order
of the commission.

C. The remedy afforded in this section is cumulative and in addition to any other
remedy provided for failure of a public service corporation to obey an order or decision
of the commission.