(a)

1. (1) Any person who violates any provision of Arkansas Code § 17-33-101 et seq., or violates any rule or order of the HVACR Licensing Board or any permit, license, registration, or certification may, in accordance with the rule issued by the board, be assessed a civil penalty by the board.

2. (2)

   1. (A) The penalty shall not exceed one thousand dollars ($1,000) for each violation, and each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.
   2. (B)

(i) Prior to the assessment of a civil penalty, the responsible license holder charged with any code violations shall be given an opportunity to correct the violations.

1. (ii) Any person or persons who has performed HVACR work without holding an HVACR license or working outside the scope of their class license, shall be allowed to bring a competent, licensed HVACR contractor to complete or correct any HVACR work that is in violation of the code at his or her expense.

   1. (C) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing, in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., on the violation.
2. (3) The amount of any civil penalty levied by the board may be recovered in a civil action brought by the board in a court of competent jurisdiction, without paying costs or giving bond for costs.

(b) In addition to the civil penalty provided in this section, the board is authorized to petition any court of competent jurisdiction without paying costs or giving bond for costs to:

1. (1) Enjoin or restrain any violation of, or compel compliance with, the provisions of this part and any rules or orders issued thereunder;
2. (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this part; and

3. (3) Recover all costs, expenses, and damages to the board and any other agency or subdivision of the state in enforcing or effectuating the provisions of this section.

   1. (c) An unlicensed person shall not be entitled to a mechanic’s and materialman’s lien, a laborer’s lien, or any other artisan’s lien for work done in violation of this part.