§ 22-9-305 - Penalties.
22-9-305. Penalties.
(a) Any officer, agent, or representative of any public body who knowingly violates, or omits to comply with, any of the provisions of this subchapter and any contractor or subcontractor, or agent or representative thereof, doing public works who neglects to keep an accurate record of the name, address, social security number, occupation or work classification, hours worked, and actual wages paid to each worker employed by him or her in connection with the public works, who refuses to allow access to the records at any reasonable hour to any person authorized to inspect the records under this subchapter, or who knowingly submits to the Department or Labor false payroll or wage information shall be subject to a civil penalty of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000) for each violation. Each day the violation continues shall, with respect to each employee, constitute a separate offense. In no event shall the civil penalty exceed ten percent (10%) of the contract or subcontract or ten percent (10%) of any unpaid wages due employees under the provisions of this subchapter, whichever sum is greater.
(b) Any worker who knowingly submits to the department a false claim for unpaid wages under the provisions of this subchapter shall be subject to a civil penalty of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000).
(c) (1) The Director of the Department of Labor shall determine the amount of any civil penalty due under this section.
(2) (A) Such determination shall be final, unless within fifteen (15) days after receipt of notice thereof, the worker, contractor, subcontractor, or agent or representative thereof charged with the violation notifies the director in writing that he or she contests the proposed penalty.
(B) Notice of a proposed penalty shall be delivered by certified mail or by any other means authorized by law for service of process.
(3) In the event a penalty is contested, a final determination shall be made pursuant to the Arkansas Administrative Procedure Act, 25-15-201 et seq.
(4) The amount of such penalty when finally determined may be recovered in a civil action brought by the director in a court of competent jurisdiction without paying costs or giving bond for costs.
(d) Sums collected under this section shall be paid into the General Revenue Fund Account of the State Apportionment Fund.
(e) Assessment of a civil penalty by the director shall be made no later than three (3) years from the date of the occurrence of the violation.