Opinion No.

The Honorable Bill Stovall State Representative 2324 Heber Springs Road West Quitman, AR 72131-9426

Dear Representative Stovall:

This is in response to your request for an opinion on a question that I will paraphrase as follows:

For the purpose of assessing late fees, may a utility company calculate the date of payment using the actual date of receipt or is the utility company obligated to consider the postmark date as being the date of receipt.

RESPONSE

The answer to your question will turn on the terms of the contract between the utility company and the ratepayer.1 If the contract expressly…