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235.03.3-015. Civil Money Penalties

AR ADC 235.03.3-015Arkansas Administrative CodeEffective: August 12, 2022

West's Arkansas Administrative Code
Title 235. Arkansas Department of Labor and Licensing
Division 3. Arkansas Appraiser Licensing and Certification Board
Rule 3. Administrative Rules of the Arkansas Board of Electrical Examiners State of Arkansas
Effective: August 12, 2022
Ark. Admin. Code 235.03.3-015
Formerly cited as AR ADC 010.13.1-015
235.03.3-015. Civil Money Penalties
Currentness
A. Civil Penalties, Generally.
1. Any person, firm, or corporation that violates provisions of Ark. Code Ann. §§ 17-28-101 through -310 or Ark. Code Ann. §§ 20-31-101 through 20-31-105; or any rule, regulation, or order promulgated by the Board; or any condition of a license, certificate, or registration issued by the Board shall be subject to a civil penalty that shall not exceed the following:
a. Two hundred fifty dollars ($250.00) for a first offense;
b. Seven hundred fifty dollars ($750.00) for a second offense;
c. One thousand dollars ($1000.00) for a third offense.
2. Each day of a continuing violation shall constitute a separate offense.
3. Assessment of a civil penalty shall be made no later than two (2) years from the date of the occurrence of the violation.
4. The amount of civil penalties will be determined in accordance with Regulation 010.13-015(C) and (D).
5. Nothing in these Rules shall abridge the authority of the Board to revoke or suspend any license for cause. A licensee may be assessed a civil money penalty and have his or her license suspended or revoked for the same offense.
B. Notice of Civil Money Penalty Assessment
1. In civil penalty cases, the staff of the Electrical Section of the Arkansas Department of Labor and Licensing shall notify the person, firm, or corporation charged with the violation by regular mail (at the last known address on file with the division, if the individual is licensed) of the following:
a. the type of violation(s);
b. the date(s) of the violation(s);
c. the amount of the civil penalty for the violation(s);
d. the civil penalty determination issued by the Electrical Section staff shall be final, unless within twenty (20) days after receipt of this notice, the person, firm, or corporation notifies the Director of the Division of Labor in writing that the person, firm, or corporation contests the penalty; and
e. the procedure for contesting a civil penalty as provided in Regulation 010.13-015(E).
2. If the person, firm, corporation, partnership, or association charged with the violation has not filed written notice with the Director of the Division of Labor that the charged party contests the civil penalty within twenty (20) days after receiving notice in accordance with Rule 010.13-015(B)(1), the penalty assessment by the Electrical Section staff shall become the final determination of the Director of the Division of Labor.
3. Notice of the civil penalty may also be delivered in the same manner as summons in civil cases or by hand-delivered citation by an electrical inspector of the Arkansas Department of Labor and Licensing.
C. Civil Penalty Assessment
1. If upon inspection or investigation, the Arkansas Department of Labor and Licensing finds that a person, firm, or corporation has violated any of the provisions of Ark. Code Ann. §§ 17-28-101 through -310 or Ark. Code Ann. §§ 20-31-101 through -- 105; or any rule, or order promulgated by the Board; or any condition of a license, certificate, or registration issued by the Board, such person, firm or corporation shall be subject to a civil penalty that shall not exceed the following:
a. Two hundred fifty dollars ($250.00) for a first offense;
b. Seven hundred fifty dollars ($750.00) for a second offense; and
c. One thousand dollars ($1000.00) for a third offense.
2. The amount of a civil penalty will be based on the Violation Fine Schedule in Rule 010.13-015(D).
3. The Violation Fine Schedule is only a guideline to assist in consistent application of civil monetary penalties. The Board shall only be bound by the statutory fine scale described in Ark. Code Ann. § 17-28-309(b)(2).
4. Upon appeal, the Board may exercise its discretion in determining the appropriate penalty according to the Violation Fine Schedule in Rule 010.13-015(D). In determining the amount of a civil monetary penalty, the Board may consider:
a. The degree and extent of harm to the public safety or to property, or the potential for harm;
b. The duration and gravity of the violation;
c. Whether the violation was committed willfully or intentionally, or reflects a continuing pattern;
d. Whether the violation involved elements of fraud or deception either to the public or to the Board, or both;
e. The violator's prior disciplinary record with the Board;
f. Whether and to the extent which the violator profited by the violation.
5. No civil penalty assessments older than two (2) years shall be used as the basis for a progressive discipline pursuant to the Violation Fine Schedule in Rule 010.13-015(D).
6. No provision of this subsection shall abridge authority of the Board to evaluate all past civil money assessments by any person, firm, or corporation to revoke or suspend any license for any offense.
D. Violation Fine Schedule;
1. The Violation Fine Schedule is only a guideline to assist in consistent application of civil monetary penalties. The Board shall only be bound by the statutory fine scale described in Ark. Code Ann. § 17-28-309(b)(2).
2. The aggravating and mitigating factors in Rule 010.13-015(C)(4) may affect the final civil monetary penalty assessed.
3. Nothing in these rules shall abridge the authority of the Board to revoke or suspend any license for any offense.
FINE SCHEDULE
VIOLATION
STATUTE OR RULE PROVISION
1ST
2ND
3RD
Failure to possess appropriate license for electrical work
17-28-304
$50
$100
Discretionary (up to $1000 per day)
Providing false or misleading advertising
17-28-304
$250
$500
Discretionary (up to $1000 per day)
Failure to correct code violations within a reasonable time
20-31-105
$250
$750
Discretionary (up to $1000 per day)
VIOLATION
STATUTE OR RULE PROVISION
1ST
2ND
3RD
Failure of a licensee to maintain supervisory ratio of one licensed electrician to two apprentices on a construction project at any one time, or to maintain an overall employment ratio of one to one, except as another ratio may be approved by BAT
Rule 010.13-013(H)(6)
$75
$150
Discretionary (up to $1000 per day)
(Violations of this Rule shall be assessed per apprentice out of the required ratio)
Performing electrical work beyond the authorization of the electrical license or registration
17-28-101 & Rules 010.13-009(A)(1-6)
$50
$100
Discretionary (up to $1000 per day)
Failure of apprentice to register with the Arkansas Department of Labor and Licensing
Rule 010.13-013(H)
$10
$20
Discretionary (up to $1000 per day)
Employment by an electrical contractor licensed by the Arkansas Department of Labor and Licensing or by a master electrician of unlicensed or unregistered persons doing electrical work
Rule 010.13-017(F)
$250
$750
Discretionary (up to $1000 per day)
VIOLATION
STATUTE OR RULE PROVISION
1ST
2ND
3RD
Deception misrepresentation or fraud in obtaining or attempting to obtain a license (includes loaning a license)
17-28-303 & Rules 010.13-014(A) and 010.13-013(E)
$250
$750
Discretionary (up to $1000 per day)
Other Violations
Discretionary (up to $250 per day)
Discretionary (up to $750 per day)
Discretionary (up to $1000 per day)
E. Contesting a Civil Penalty
1. The person, firm, or corporation may contest the imposition of a civil penalty by filing a written request for a hearing with the Director of the Division of Labor, Department of Labor and Licensing, 900 West Capitol, Suite 400, Little Rock, AR 72201. The written request must be made within twenty (20) days after receipt of notification of the civil penalty or the assessment will become final.
2. A written request for a hearing shall be scheduled for a hearing before the Board.
3. The person, firm, or corporation shall be provided at least twenty (20) day notice of the hearing. Such notice shall include:
a. a statement of the time, date, place, and nature of the hearing;
b. A statement of the legal authority and jurisdiction under which the hearing is to be held;
c. A short and plain statement of the matters of fact and law asserted; and
d. A statement that the person, firm, or corporation may, upon written request, obtain the issuance of a subpoena by the Director of the Division of Labor for the attendance and testimony of witnesses and the production of documents.
4. The Board shall, after consideration of the evidence, issue a decision and issue an order setting forth findings of fact and conclusions of law. Such decision shall become the final determination of the Board, unless judicial review is sought within thirty (30) days pursuant to the Administrative Procedures Act, Ark. Code Ann. § 25-15-212.
5. If any person, firm, or corporation against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the final determination, the Director of the Division of Labor may file an action in a court of competent jurisdiction to collect the civil penalty, without paying costs or giving bonds for costs.
F. Failure to pay civil monetary penalties
1. If any person, firm, or corporation against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the final determination, the Director of the Division of Labor may file an action in a court of competent jurisdiction to collect the civil penalty, without paying costs or giving bonds for costs.
2. Failure to pay assessed fines may result in the denial, revocation or suspension of any electrical license or certification.

Credits

Amended Aug. 12, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.03.3-015, AR ADC 235.03.3-015
End of Document