(2) In the event the Labor Standards Section determines that there has been a violation of Arkansas Code § 11-3-203, or this part, following an investigation of the matter, notice to the employer shall be given in the same manner as notice for minimum wage and overtime violations, 11 CAR § 11-1101 et seq., or by a Preliminary Wage Determination Order in the case of an individual wage claim pursuant to Arkansas Code § 11-4-303.
(b) Contesting an assessment or claim.
(1) An employer may contest an assessment or Preliminary Wage Determination Order by filing a written request for a hearing with the: Director of Labor 900 West Capitol Avenue, Suite 400 Little Rock, AR 72201.
(2) The written request must be made within fifteen (15) days after the employer’s receipt of the Notice of Assessment or Preliminary Wage Determination Order or the assessment or order will become final.
(3) A written request for a hearing shall be:
(A) Referred to a hearing officer designated by the Director of the Division of Labor; and
(B) Handled as an adjudicative matter pursuant to 11 CAR § 10-107.
(c) Penalties.
(1) Each violation of Arkansas Code § 11-3-203(a), shall constitute a misdemeanor offense, punishable by a fine not to exceed one hundred dollars ($100).
(2) The Division of Labor may demand payment and seek recovery of any charges, fees, wage deductions, or other payments made by employees as a result of an employer's violation of Arkansas Code § 11-3-203, or this part.
(3) In the event that any charge, fee, wage deduction, or other payment made by an employee results in a wage payment to that employee of less than the applicable state minimum wage, it is a violation of Arkansas Code §§ 11-4-210 and 11-4-211 of the Arkansas Minimum Wage and Overtime Act, Arkansas Code § 11-4-201 et seq., and may result in the assessment of a civil money penalty or liquidated damages pursuant to 11 CAR § 11-1101 et seq.