Browse Arkansas Code titles and sections
27-23-209. Penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-209. Penalties.
(a)(1) The penalty for an Arkansas employer who knowingly fails to check the Commercial Driver Alcohol and Drug Testing Database as required under this subchapter is one thousand dollars ($1,000).
(2) The penalty described in subdivision (a)(1) of this section shall be assessed beginning July 1, 2008.
(b)(1) Except as provided under subdivision (b)(2) of this section, the penalty for an Arkansas employer who knowingly hires an employee with a record of a positive alcohol or drug test in the database is five thousand dollars ($5,000).
(2) This subsection does not apply to an employee who has completed a treatment program or an education program prescribed by a substance abuse professional and who has been found eligible to return to duty by the employer as provided under 49 C.F.R. §§ 40.281 — 40.313, as in effect on January 1, 2009.
(c) The penalty for an Arkansas employer who knowingly fails to report an occurrence regarding an alcohol or drug screening test as required under § 27-23-205(a) or § 27-23-205(b) is five hundred dollars ($500).
(d)(1) The penalty for a consortium/third-party administrator who knowingly fails to report an occurrence regarding a drug or alcohol test result as required under § 27-23-205(c) or § 27-23-205(d) is five hundred dollars ($500).
(2) If the consortium/third-party administrator is out of state, the penalty under subdivision (d)(1) of this section shall be extended to the Arkansas employer that contracted with the consortium/third-party administrator.
(e) The penalties under this section do not apply to the State of Arkansas, an agency of the state, or a political subdivision of the state.
(f) Moneys collected under this section are special revenues and shall be deposited into the State Treasury to
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-209
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:27-23-209
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fc1a2c8057823dee06554c3beec9ba02aa5371eb0ea6ffc9c1a1cc6c43ba9cb4
Source location: content.xml paragraph 10979
Stored source content
27-23-209. Penalties.
(a)(1) The penalty for an Arkansas employer who knowingly fails to check the Commercial Driver Alcohol and Drug Testing Database as required under this subchapter is one thousand dollars ($1,000).
(2) The penalty described in subdivision (a)(1) of this section shall be assessed beginning July 1, 2008.
(b)(1) Except as provided under subdivision (b)(2) of this section, the penalty for an Arkansas employer who knowingly hires an employee with a record of a positive alcohol or drug test in the database is five thousand dollars ($5,000).
(2) This subsection does not apply to an employee who has completed a treatment program or an education program prescribed by a substance abuse professional and who has been found eligible to return to duty by the employer as provided under 49 C.F.R. §§ 40.281 — 40.313, as in effect on January 1, 2009.
(c) The penalty for an Arkansas employer who knowingly fails to report an occurrence regarding an alcohol or drug screening test as required under § 27-23-205(a) or § 27-23-205(b) is five hundred dollars ($500).
(d)(1) The penalty for a consortium/third-party administrator who knowingly fails to report an occurrence regarding a drug or alcohol test result as required under § 27-23-205(c) or § 27-23-205(d) is five hundred dollars ($500).
(2) If the consortium/third-party administrator is out of state, the penalty under subdivision (d)(1) of this section shall be extended to the Arkansas employer that contracted with the consortium/third-party administrator.
(e) The penalties under this section do not apply to the State of Arkansas, an agency of the state, or a political subdivision of the state.
(f) Moneys collected under this section are special revenues and shall be deposited into the State Treasury to the credit of the State Highway and Transportation Department Fund.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-205. Reporting test results.
(a) An Arkansas employer shall report to the Office of Driver Services within three (3) business days the results of an alcohol screening test that is performed on an employee who holds an Arkansas commercial driver license if:
(1) The alcohol screening test is performed pursuant to 49 C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and
(2) One (1) of the following occurs regarding the alcohol screening test:
(A) A valid positive result; or
(B) The refusal to provide a specimen for an alcohol screening test.
(b) An Arkansas employer shall report within three (3) business days to the office any of the following occurrences regarding a drug test result of an employee who holds an Arkansas commercial driver license:
(1) A valid positive result on a drug test for any of the following drugs:
(A) Marijuana metabolites;
(B) Cocaine metabolites;
(C) Amphetamines;
(D) Opiate metabolites; or
(E) Phencyclidine;
(2) The refusal to provide a specimen for a drug test; or
(3) The submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen on a drug test performed.
(c) A consortium/third-party administrator shall report to the office within three (3) business days the results of an alcohol screening test that is performed on an Arkansas employer or employee who holds an Arkansas commercial driver license if:
(1) The alcohol screening test is performed pursuant to 49 C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and
(2) One (1) of the following occurs regarding the alcohol screening test:
(A) A valid positive result; or
(B) The refusal to provide a specimen for an alcohol screening test.
(d) A consortium/third-party administrator shall report with
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-205
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 27-23-205. This identifies an authority to review, not proof of applicability.