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235.13.1-XVII. Penalties

AR ADC 235.13.1-XVIIArkansas Administrative CodeEffective: June 2, 2022

West's Arkansas Administrative Code
Title 235. Arkansas Department of Labor and Licensing
Division 13. Heating, Ventilation, Air Conditioning and Refrigeration Licensing Board
Rule 1. Rules Pertaining to the Licensing of Heating, Ventilation, Air Conditioning and Refrigeration Contractors
Effective: June 2, 2022
Ark. Admin. Code 235.13.1-XVII
Formerly cited as AR ADC 007.24.7-XVII
235.13.1-XVII. Penalties
Currentness
(a) Any person who violates any provision of Act 277, of 1991, as amended, or violates any rule, or order of the Board or any permit, license or certification may:
(1) In accordance with the rule issued by the Board, be assessed a civil penalty by the Board. The penalty shall not exceed two hundred fifty ($250.00) dollars for each violation and each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.
(2) The amount of any civil penalty levied by the Board may be recovered in a civil action brought by the Board in a court of competent jurisdiction, without paying costs or giving bond for costs.
(b) In addition to the civil penalty provided in this section, the Board is authorized to petition any court of competent jurisdiction without paying costs or giving bond for costs to:
(1) Enjoin or restrain any violation of, or compel compliance with, the provisions of this chapter and any rules, or orders issued thereunder;
(2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this chapter; and
(3) Recover all costs, expenses and damages to the Board and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter.
(c) An unlicensed person shall not be entitled to a mechanic's and materialman's lien, a laborer's lien or any other artisan's lien for work done in violation of these rules.

Credits

Amended Oct. 1, 2020. Repealed and reenacted June 2, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.13.1-XVII, AR ADC 235.13.1-XVII
End of Document