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20-27-1314. Restraint.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-27-1314. Restraint.
In addition to the civil penalty provided in § 20-27-1313, the Director of the Division of Labor may petition any court of competent jurisdiction without paying costs or giving bond for costs to:
(1)(A) Enjoin or restrain any violation of or compel compliance with this subchapter and any rules or orders issued under this subchapter.
(B) In situations in which there is an imminent threat to public or worker safety or to property, the director may seek a temporary restraining order for the cessation of any blasting;
(2) Affirmatively order that such remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; and
(3) Recover all costs, expenses, and damages to the Division of Labor and any other agency or subdivision of the state in enforcing or effectuating this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-27-1314
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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Record provenance
Stable record: arkansas_code:legal_authorities:20-27-1314
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 253b3f1c5136a8482094750b38095621795355227671e3f89ea464e5e724b83b
Source location: content.xml paragraph 23320
Stored source content
20-27-1314. Restraint.
In addition to the civil penalty provided in § 20-27-1313, the Director of the Division of Labor may petition any court of competent jurisdiction without paying costs or giving bond for costs to:
(1)(A) Enjoin or restrain any violation of or compel compliance with this subchapter and any rules or orders issued under this subchapter.
(B) In situations in which there is an imminent threat to public or worker safety or to property, the director may seek a temporary restraining order for the cessation of any blasting;
(2) Affirmatively order that such remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; and
(3) Recover all costs, expenses, and damages to the Division of Labor and any other agency or subdivision of the state in enforcing or effectuating this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-27-1313. Civil penalties.
(a)(1) Any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter may be assessed an administrative civil penalty by the Director of the Division of Labor in an amount not to exceed ten thousand dollars ($10,000) per violation.
(2) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment.
(b)(1) Assessment of a civil penalty by the director shall be made no later than three (3) years from the date of the occurrence of the violation.
(2)(A) In his or her discretion, the director may accept payment of assessed civil penalties in installments.
(B) The assessment by the director shall be final, unless, within twenty (20) days after service of notice thereof by certified mail, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the proposed assessment is contested.
(C) If an assessment is contested, a final administrative determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(c) When finally determined, the amount of any assessment may be recovered in a civil action brought by the director in a court of competent jurisdiction without paying costs or giving bond for costs.
(d)(1) Sums collected as reimbursement for expenses, costs, and damages to the Division of Labor shall be deposited into the operating fund of the division.
(2) Sums collected as civil penalties shall be deposited into the General Revenue Fund Account of the State Apportionment Fund.
(e) Notice of any assessment by the director shall be served on any person who has made a written complaint within the past three (3) years to the division r
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-27-1313
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 20-27-1313. This identifies an authority to review, not proof of applicability.