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209.02.27-VIII. Hearings

AR ADC 209.02.27-VIIIArkansas Administrative CodeEffective: July 18, 2020

West's Arkansas Administrative Code
Title 209. Department of Agriculture
Division 02. State Plant Board / Plant Industries Division
Rule 27. Produce Safety Rule and Produce Safety Enforcement and Response Rules
Effective: July 18, 2020
Ark. Admin. Code 209.02.27-VIII
209.02.27-VIII. Hearings
The informal hearing officer and/or the appropriate Committee and/or the Full Board will carefully review the documentation and hear cases of alleged violations.
Should it be determined a violation(s) has occurred, the severity and level of enforcement of each violation will be determined by the three (3) factors in Section VII; as they are applied to the Penalty Matrix (Appendix A).
If a violation is determined in this sequence; the following factors will be considered:
A. Cooperation of the respondent.
B. Other extenuating/mitigating circumstances.
The Hearing Officer/Committee/Board may use these factors to accelerate or mitigate enforcement action. When a civil penalty is the preferred action, the base penalty may be increased or decreased based on these factors. The civil penalty will not be more or less than the range for the specific violation listed in Appendix A.
The Full Board will take action to determine the final disposition of the case.

Credits

Adopted July 18, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 209.02.27-VIII, AR ADC 209.02.27-VIII
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