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006.01.1-12. Enforcement of Ark. Code Ann. § 5-27-227

AR ADC 006.01.1-12Arkansas Administrative CodeEffective: June 6, 2022

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 01. Arkansas Tobacco Control
Rule 1. Arkansas Tobacco Control Rules (Refs & Annos)
Effective: June 6, 2022
Ark. Admin. Code 006.01.1-12
Formerly cited as AR ADC 175.00.1-12
006.01.1-12. Enforcement of Ark. Code Ann. § 5-27-227
12.1 Offenses by Non-Permittee. If a complaint alleging the violation of Ark. Code Ann. § 527-227 is received by the Agency, and the Agency, at its discretion, determines that there are reasonable grounds to believe that a violation has occurred, the Agency may direct that a Notice of Hearing be issued to the [respondent] for the appropriate allegation.
12.2 Information to be Given to the Board -- Timeliness of Information. In order for the Agency to comply with notice requirements of Arkansas law, alleged violations of Ark. Code Ann. § 527-227 reported to the Agency must contain, at a minimum, the following: the date and time of the alleged violation, either the name of the person making such alleged sale or information reasonably necessary to determine the location in the store of the person allegedly making the sale. Such information should include, where appropriate, the cash register number, physical location of the sale in the store, and if possible the lane or aisle number. If a cash register receipt was given for the sale, it should be included with the information.
A. Notice of the alleged violation must be given to the alleged violator within ten (10) days of the alleged event. Therefore, information as to an alleged violation should be given to the Board as soon as possible.
12.3 Training of Individuals or Groups Conducting Compliance Checks. Use of Board Approved Forms:
A. In order to assure compliance with Arkansas law, all individuals or groups authorized to conduct compliance checks under Ark. Code Ann. § 5-27-227(d)(5) [excluding individuals and groups authorized to conduct compliance checks pursuant to 5-27-227(d)(1) through 5-27-227(d)(4)] shall be trained by an authorized agent of the Board, at a course or seminar approved by the Board. The director shall from time to time, as is necessary, schedule courses or seminars to instruct those groups or individuals interested in conducting compliance checks.
B. All individuals or groups authorized to conduct compliance checks under Ark. Code Ann. § 5-27-227(d)(5) [excluding individuals and groups authorized to conduct compliance checks pursuant to 5-27-227(d)(1) through 5-27-227(d)(4)] shall use the forms approved by the Board to compile and report information on compliance checks.
C. Notwithstanding any provision of these Rules, any retail permit holder is entitled to an affirmative defense, and no penalty will be imposed upon the retail permit holder, if the retail permit holder can establish that, prior to the date of the violation, the retail permit holder, or his/her agent or employee, furnishing the tobacco in any form or cigarette papers reasonably had previously relied upon proof of age which identified the person receiving the tobacco in any form or cigarette papers as being eighteen (18) years of age or older. Proof of age means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, or driver's license.

Credits

Amended June 6, 2022.
<Statutory authority: PROMULGATED PURSUANT TO ARK. CODE ANN. § 4-75-706, § 20-27-2108, and § 26-57-206>
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.01.1-12, AR ADC 006.01.1-12
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