(a)

1. (1) Upon the first violation of this part by a certified nutrient applicator within any one-year period, the applicator shall be issued a warning letter.
2. (2) For the second violation within any one-year period, the Director of the Arkansas Natural Resources Commission may assess not more than fifty dollars ($50.00) in cumulative civil penalties.
3. (3) Upon the third violation within any one-year period, the director may impose a penalty not to exceed one thousand dollars ($1,000) for each violation of the Arkansas Soil and Nutrient Management Planner and Applicator Certification Act, Arkansas Code § 15-20-1001 et seq., and this part.
4. (4) Following the third violation, the Arkansas Natural Resources Commission may also choose to suspend, revoke, annul, or withdraw the certified nutrient applicator’s certification.

(b) A warning letter or administrative consent order may be served by:

1. (1) Certified mail, restricted delivery, return receipt requested to the address on file with the commission or district; or
2. (2) Any means sufficient for service of process in a civil court action.

(c)

1. (1) The alleged violator may choose to:

   1. (A) Sign an administrative consent order; and
   2. (B) Thereby agree to the penalties contained within the order.

2. (2) The certified nutrient applicator will also be deemed to have consented to the order if:

   1. (A) He or she fails to respond; and
   2. (B) The commission has received a certified mail receipt or other proof showing that the alleged violator was served with the administrative consent order.

(d)

1. (1) If the alleged violator disputes that a violation occurred or believes the assessed penalty is too harsh, the certified nutrient applicator must respond to the administrative consent order within thirty (30) days by requesting a hearing before the commission.
2. (2) The hearing will be conducted in accordance with Organization and General Operation of the Arkansas Natural Resources Commission, 15 CAR pt. 1.
3. (3) The commission has the burden of proving the alleged facts and violations of law stated in the administrative consent order.
4. (4) The commission and the director may issue subpoenas to any witness requiring his or her attendance and testimony before the commission as provided in Arkansas Code § 15-22-208.

(e) The commission will not take final administrative action against persons accused of violating this part or the Arkansas Soil and Nutrient Management Planner and Applicator Certification Act, Arkansas Code § 15-20-1001 et seq., until the accused person has:

1. (1) Executed an administrative consent order; or
2. (2) Been given opportunity for a hearing to review the decision under 15 CAR pt. 1.