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16-123-332. Administrative penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-332. Administrative penalties.
(a) If the Arkansas Fair Housing Commission determines at a hearing under § 16-123-331 that a respondent has engaged in or is about to engage in a discriminatory housing practice, the commission may order the appropriate relief, including actual damages, reasonable attorney's fees, and court costs.
(b) To vindicate the public interest, the commission may assess a civil penalty against the respondent in an amount that does not exceed:
(1) Eleven thousand dollars ($11,000) if the respondent has not been adjudged by order of the commission or a court to have committed a prior discriminatory housing practice;
(2) Except as provided by subsection (c) of this section, twenty-seven thousand five hundred dollars ($27,500) if the respondent has been adjudged by order of the commission or a court to have committed one (1) other discriminatory housing practice during the five-year period ending on the date of the filing of this charge; and
(3) Except as provided by subsection (c) of this section, fifty-five thousand dollars ($55,000) if the respondent has been adjudged by order of the commission or a court to have committed three (3) or more discriminatory housing practices during the five-year period ending on the date of the filing of the charge.
(c) If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subdivisions (b)(2) and (3) of this section may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.
(d) In addition to all other penalties set forth in this subcha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-332
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-123-332
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 868cd8457f8a5a0a4ec33ddd7f5b40d2c72e3a9ceb54eb7e7110365cca24012c
Source location: content.xml paragraph 50365
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16-123-332. Administrative penalties.
(a) If the Arkansas Fair Housing Commission determines at a hearing under § 16-123-331 that a respondent has engaged in or is about to engage in a discriminatory housing practice, the commission may order the appropriate relief, including actual damages, reasonable attorney's fees, and court costs.
(b) To vindicate the public interest, the commission may assess a civil penalty against the respondent in an amount that does not exceed:
(1) Eleven thousand dollars ($11,000) if the respondent has not been adjudged by order of the commission or a court to have committed a prior discriminatory housing practice;
(2) Except as provided by subsection (c) of this section, twenty-seven thousand five hundred dollars ($27,500) if the respondent has been adjudged by order of the commission or a court to have committed one (1) other discriminatory housing practice during the five-year period ending on the date of the filing of this charge; and
(3) Except as provided by subsection (c) of this section, fifty-five thousand dollars ($55,000) if the respondent has been adjudged by order of the commission or a court to have committed three (3) or more discriminatory housing practices during the five-year period ending on the date of the filing of the charge.
(c) If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subdivisions (b)(2) and (3) of this section may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.
(d) In addition to all other penalties set forth in this subchapter, the commission may require the respondent to complete up to thirty (30) classroom hours of fair housing education courses designated by the commission or up to thirty (30) hours of community service designated by the commission, or both.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-331. Administrative hearing.
(a)(1) If a timely election to commence a civil action is not made under § 16-123-329, the Arkansas Fair Housing Commission shall provide for an administrative hearing on the charge.
(2)(A) The administrative hearing will be adjudicated by the commission.
(B) In that proceeding or any factually related proceeding under this section, no officer, employee, or agent of the State of Arkansas engaged in the performance of investigative, conciliatory, or prosecutorial functions in connection with the proceeding shall participate in or advise on the decision of the commission, except as a witness or counsel during the proceedings.
(b) Except as provided in this section, the Arkansas Administrative Procedure Act, § 25-15-201 et seq., governs a hearing and an appeal of a hearing under this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-331
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-331. This identifies an authority to review, not proof of applicability.