(a)

1. (1) Upon the first violation of this part within any one-year period, the alleged violator 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 two thousand five hundred dollars ($2,500) for each violation of:

   1. (A) Arkansas Code § 15-20-1101 et seq.; and
   2. (B) This part.

(b) Any fees collected by the Arkansas Natural Resources Commission through any penalty assessed under this part shall be:

1. (1) Deposited into the State Treasury; and
2. (2) Used to operate the programs administered by the commission through 15 CAR pts. 3, 4, 5, and 6.

(c) 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.

(d)

1. (1) The person receiving an administrative consent order may choose to:

   1. (A) Sign the administrative consent order; and
   2. (B) Thereby agree to the penalties and other terms and conditions contained within the order.
2. (2) If the person receiving an administrative consent order fails to respond in writing to the commission within thirty (30) days after receipt of the administrative consent order and receipt has been confirmed by a certified mail receipt or proof of personal service, the person will be deemed to have agreed to the penalties and other terms and conditions contained within the order, which shall become final.

(e)

1. (1) Upon receipt of an administrative consent order, the person to whom the order is directed may object and request a hearing before the commission by delivering such request in writing to the commission within thirty (30) days, setting forth the reasons why the person disagrees with:

   1. (A) The allegations in the order; and
   2. (B) Any proposed penalty.
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.

(f)

1. (1) The commission will not take final administrative action against a person accused of violating this part or Arkansas Code § 15-20-1101 et seq., until the accused person has:

   1. (A) Consented to an administrative consent order; or
   2. (B) Had an opportunity for a hearing to review the suspected violation and proposed penalty under 15 CAR pt. 1.

2. (2) The final decision of the commission shall:

   1. (A) Include findings of fact and conclusions of law; and
   2. (B) Otherwise conform to the requirements of Arkansas Code § 25-15-210.