(a)

1. (1) Upon the first violation of this part by an owner or operator within any one-year period, the owner or operator shall be issued a warning letter.
2. (2) For the second violation within any one-year period, the Secretary of the Department of Agriculture or his or her designee may assess up to fifty dollars ($50.00) in cumulative civil penalties.
3. (3) Upon the third violation within any one-year period, the secretary or his or her designee may impose a penalty not to exceed five hundred dollars ($500) for each violation of Arkansas Code § 15-20-901 et seq., and this part.

(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 Department of Agriculture; or
2. (2) Any means sufficient for service of process in a civil court action.

(c)

1. (1) The owner or operator may choose to sign an administrative consent order and thereby agree to the penalties contained within the order.

2. (2) The owner or operator will also be deemed to have consented to the order if:

   1. (A) He or she fails to respond to the department in writing within thirty (30) days of receipt of the administrative consent order; and
   2. (B) The department has proof that the owner or operator was served with the administrative consent order.

(d)

1. (1) If the owner or operator disputes that a violation occurred or believes the assessed penalty is too harsh, the owner or operator must respond to the administrative consent order within thirty (30) days by requesting a hearing before the department.
2. (2) The hearing will be conducted in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(e) The department will not take final administrative action against persons accused of violating this part or the Arkansas Poultry Feeding Operations Registration Act, Arkansas Code § 15-20-901 et seq., until the accused person has:

1. (1) Executed an administrative consent order; or
2. (2) Been given opportunity for a hearing.