4-108-208. Civil penalties.

4-108-208. Civil penalties. (a)(1) Any person who by himself or herself, by his or her servant or agent, or as the servant or agent of another person, commits any of the acts enumerated in § 4-108-207 may be assessed by the State Plant Board a civil penalty of: (A) Not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for a first violation; (B) Not less than four hundred dollars ($400) nor more than six hundred dollars ($600) for a second violation within three (3) years after the date of the first violation; and (C) Not less than seven hundred dollars ($700) nor more than one thousand dollars ($1,000) for a third violation within three (3) years after the date of the first violation. (2) For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation as enumerated in § 4-108-207. (b)(1) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (2) The board or a subcommittee of the board shall be authorized to conduct the hearing after giving appropriate notice to the respondent. (3) The decision of the board shall be subject to appropriate judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c)(1) If the respondent has exhausted his or her administrative appeals and the civil penalty has been upheld, he or she shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision. (2) If the respondent fails to pay the penalty, a civil action may be brought by the director in any court of competent jurisdiction to recover the penalty. (3) Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.