(a) Lack of license.

1. (1) If the State Board of Collection Agencies determines an agency has failed to obtain or maintain a license, it may assess a civil penalty of between fifty dollars ($50.00) and five hundred dollars ($500) for each day the agency operated while unlicensed.
2. (2) Such penalties do not preclude private causes of action by debtors and/or creditors relating to debt collection activities conducted while an agency was unlicensed.
3. (3) The board may also seek injunctive relief pursuant to Arkansas Code § 17-24-105.
4. (4) See also 17 CAR § 280-202 regarding retroactive licensure.

(b) Other violations.

1. (1) The board may refuse to issue or renew a license, or may revoke or suspend a license, or place on probation, reprimand, or take other disciplinary action as the board may deem proper, including fines not to exceed five hundred dollars ($500) per day per complaint, for any one (1) or any combination of violations of Arkansas Code § 17-24-101 et seq., and/or this part which regulate the activities of collection agencies.
2. (2) Such violations shall be considered and treated as engaging in unethical practices or resorting to illegal means or methods of collection.

(c) Notice and hearing.

1. (1) Pursuant to Arkansas Code §§ 17-24-103(b)(2) and 17-24-308 and to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., none of disciplinary actions described herein shall be ordered without proper notice and hearing.
2. (2) Nothing in this section shall preclude the disposition of disputes by consent, agreement, or other informal means.