(a)
- (1) An individual or entity may contest the imposition of a civil penalty by filing a written request for a hearing with: Director of the Division of Labor 900 West Capitol, Suite 400 Little Rock, Arkansas 72201
- (2) The written request shall be made within fifteen (15) days after the employer's receipt of notification of the civil penalty or the assessment will become final.
- (b) A written request for a hearing shall be referred to a hearing officer designated by the Director of the Division of Labor.
(c)
- (1) The individual or entity shall be provided at least twenty (20) days’ notice of the hearing.
(2) Such notice shall include:
- (A) A statement of the time, date, place, and nature of the hearing;
- (B) A statement of the legal authority and jurisdiction under which the hearing is to be held;
- (C) A short and plain statement of the matters of fact and law asserted; and
- (D) A statement that the individual or entity may, upon written request, obtain the issuance of a subpoena by the director for the attendance and testimony of witnesses and the production of documents.
(d)
- (1) The designated hearing officer shall, after consideration of the evidence, issue a decision setting forth findings of fact and conclusions of law.
- (2) Such decision shall become final unless judicial review is sought within thirty (30) days pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-212.