20-78-203. Penalties.

20-78-203. Penalties. (a)(1) Any person violating any provisions of this subchapter and any person assisting any partnership, group, corporation, organization, or association in violating any provisions of this subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100). (2) Each day of the violation shall constitute a separate offense. (b)(1) The Division of Child Care and Early Childhood Education is authorized to impose monetary fines as civil penalties to be paid for failure to comply with the provisions of this subchapter or the rules promulgated pursuant thereto. (2) In determining whether a civil penalty is to be imposed, the following factors shall be considered by the division: (A) The gravity of the violation, including the probability that death or serious physical harm to a child will result or has resulted, the severity and scope of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated; (B)(i) The exercise of good faith. (ii) Indications of good faith include, but are not limited to, awareness of the applicable statutes and rules and reasonable diligence in securing compliance, prior accomplishments manifesting the desire to comply with the requirements, efforts to correct, and any other mitigating factors in favor of the operator; (C) Any relevant previous violations committed; and (D) The financial benefit of committing or continuing the violation. (c) Before the imposition of monetary fines, the division shall provide notice and an opportunity to be heard before the Child Care Appeal Review Panel in accordance with hearing procedures in effect for the revocation or suspension of licenses. (d) With the review and approval of the Arkansas Early Childhood Commission, the division shall publish and promulgate rules classifying violations as follows: (1)(A)(i) Class A violations involve essential standards that must be met for substantial compliance with licensing requirements. (ii) These standards address fire, health, safety, nutrition, staff-to-child ratio, and space. (B)(i) Operation of an unlicensed childcare facility shall be considered a Class A violation. (ii) However, the definition of unlicensed childcare facility shall not be interpreted to include exempt childcare facilities as defined in § 20-78-209. (C) Class A violations are subject to a civil penalty of one hundred dollars ($100) for each violation; and (2)(A) Class B violations involve administrative standards and standards that do not directly threaten the immediate health, safety, or welfare of the children. (B) Class B violations are subject to a civil penalty of fifty dollars ($50.00) for each violation. (e)(1) Each day of occurrence of a Class A or Class B violation shall constitute a separate violation. (2) Aggregate fines assessed for violation in any one (1) month shall not exceed five hundred dollars ($500) for Class A violations or two hundred fifty dollars ($250) for Class B violations. (f)(1) When a childcare facility has been found by the division to have committed Class A or Class B violations, then upon final administrative determination by the panel, notice shall be posted in the childcare facility stating the violations found by the division to have occurred and the current status of the license. (2) This notice shall be posted in the childcare facility in a conspicuous place clearly visible to all staff, to all other individuals in the childcare facility, and to all visitors to the childcare facility. (g)(1) Failure to post a proper notice as required by this section shall be considered to be a Class B violation for which civil penalties may be imposed as authorized by this section. (2) Each day of noncompliance shall constitute a separate offense.