(1) If, after investigation, the Director determines that there has been a violation of the provisions of Ark. Code Ann. §§ 8-7-1001 et seq. or these regulations, the Director shall issue an order to the official or party responsible for performing the required duties directing that official or party to cease and desist the act or omission constituting the violation. Such an order, when final, shall constitute prima facie evidence of a violation in any enforcement action as provided by Ark Code Ann. § 8-7-10149(a).

(2) The cease and desist order shall be final unless within twenty (20) days after receipt of notice thereof by certified mail, the person, official or party charged with the violation notifies the Director in writing that he contests such order. In the event the order is contested, a final determination shall be made after notice and hearing pursuant to the Administrative Procedures Act, Ark. Code Ann. §§ 25-15-201 et seq.

(3) If the Director determines that a public employer has violated regulation 12-(h) or Ark. Code Ann. § 8-7-1008 relating to employee information and training, and within sixty (60) days of issuance of a cease and desist order the public employer has not remedied the violation, the Director may conduct a program or programs to remedy the violation and require such public employer to reimburse the Director for the cost of doing so. The date of issuance of a cease and desist order shall be the date such order becomes final.

(4) The issuance of a cease and desist order by the Director shall not be a prerequisite for adverse personnel action by the public employer against any supervisory personnel responsible for the violation.

(5) In interpreting these regulations, the Director may rely on Interpretive Bulletins issued by the Occupational Safety and Health Administration, U.S. Department of Labor involving OSHA's Hazard Communication Standard. 29 CFR § 1910.1200.