(a)
(1) Violations.
- (A) Operating without a license, refusing to provide records during an audit, or knowingly violating the Arkansas Grain Dealers Act, § 2-24-101 et seq., is a Class D felony.
- (B) A person who negligently violates this law is guilty of a Class A misdemeanor.
(2)
- (A) Upon conviction, both are punishable by a criminal fine up to one hundred dollars ($100).
- (B) Civil penalties may apply as well.
- (3) The Director of the State Plant Board may issue a cease and desist order for any violation of this law.
(b) Minor violations.
- (1) Upon the first offense, violations that are clerical and believed to be accidental in nature will be considered to be minor violations.
(2) Examples of such violations include, but are not limited to:
- (A) The loss of:
(i) Voided scale tickets;
(ii) Settlements; or
- (iii) Contracts; and
(B) Not conducting business as prescribed by the Arkansas Grain Dealers Act, § 2-24-101 et seq.
- (c) Penalty violations — Violations that fall under the civil penalty matrix. Violations include:
- (1) Second violation of the minor violations;
- (2) Failure to pay on the due date of the payment agreement;
- (3) Knowingly falsifying records;
- (4) Refusal to allow inspection of records; and
- (5) Operating without a license.