(a) If upon inspection or investigation, the Department of Labor and Licensing finds that a person, firm, or corporation has violated any provisions of Arkansas Code §§ 17-28-101 – 17-28-310 or Arkansas Code §§ 20-31-101 – 20-31-105; or any rule or order promulgated by the Board of Electrical Examiners of the State of Arkansas; or any condition of a license, certificate, or registration issued by the board, such person, firm, or corporation shall be subject to a civil penalty that shall not exceed the following:

1. (1) Two hundred fifty dollars ($250) for a first offense;
2. (2) Seven hundred fifty dollars ($750) for a second offense; and
3. (3) One thousand dollars ($1000) for a third offense.

(c)

1. (1) The violation fine schedule is only a guideline to assist in consistent application of civil monetary penalties.
2. (2) The board shall only be bound by the statutory fine scale described in Arkansas Code § 17-28-309(b)(2).

(d)

1. (1) Upon appeal, the board may exercise its discretion in determining the appropriate penalty according to the violation fine schedule in 17 CAR § 210-904.

2. (2) In determining the amount of a civil monetary penalty, the board may consider:

   1. (A) The degree and extent of harm to the public safety or to property, or the potential for harm;
   2. (B) The duration and gravity of the violation;
   3. (C) Whether the violation was committed willfully or intentionally, or reflects a continuing pattern;
   4. (D) Whether the violation involved elements of fraud or deception either to the public or to the board, or both;
   5. (E) The violator's prior disciplinary record with the board; and
   6. (F) Whether and to the extent which the violator profited by the violation.