§ 17-28-309 - Penalties.
17-28-309. Penalties.
(a) The Director of the Department of Labor is authorized to petition any court of competent jurisdiction to enjoin or restrain any person who performs electrical work without a license or who otherwise violates the provisions of this chapter.
(b) (1) A civil penalty may be assessed against any person, firm, or corporation by the Department of Labor and subject to appeal and hearing before the Board of Electrical Examiners of the State of Arkansas according to the Arkansas Administrative Procedure Act, 25-15-201 et seq., if it is determined that the person, firm, or corporation has violated any:
(A) Provision of this chapter;
(B) Provision in the Arkansas Electrical Code Authority Act, 20-31-101 et seq.;
(C) Rule, regulation, or order issued or promulgated by the board; or
(D) Condition of a license, certificate, or registration issued by the board.
(2) For each violation, the penalty shall not exceed the following:
(A) Two hundred fifty dollars ($250) for a first offense;
(B) Seven hundred fifty dollars ($750) for a second offense; or
(C) One thousand dollars ($1000) for a third offense.
(3) Each day of a continuing violation is a separate violation for purposes of penalty assessment.
(4) Assessment of a civil penalty by the board shall be made no later than two (2) years after the date of the occurrence of the violation.
(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 board's decision, the director may file an action in a court of competent jurisdiction to collect the civil penalty without paying costs or giving bond for costs.
(6) Any penalties collected under this section shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor Special Fund, there to be used by the Department of Labor in carrying out the functions, powers, and duties of this chapter.