As used in this subpart:

1. (1) “Base civil penalty” means the midpoint of a civil penalty range; Example: The civil penalty range for failure to report tonnage reports is two hundred dollars ($200) to four hundred dollars ($400). The base penalty is three hundred dollars ($300).

2. (2)

   1. (A) “Case Development Review Panel” means an internal committee of staff including:

      1. (i) The Feed/Fertilizer Division Director or his or her designee; and
      2. (ii) The Secretary of the Department of Agriculture or his or her designee.
   2. (B) The Case Development Review Panel will carefully review all case documentation to ensure completeness and to ensure that the recommended enforcement action is appropriate;

3. (3)

   1. (A) “Level of enforcement” means the category by which a violative incident is considered a first, second, third or fourth offense.
   2. (B) For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation for which a previous enforcement action has been taken by the State Plant Board.
   3. (C) The previous violation or violations must have occurred within the past three (3) years.

4. (4) “Minor violation” means:

   1. (A) A violative incident which does not involve human health, safety, or endangerment of the environment; or
   2. (B) Other incidents of noncompliance which do not create a competitive disadvantage for licensees in full compliance;

5. (5) “Major violation” means:

   1. (A) A violative incident which affects human health, safety, or the environment;
   2. (B) Other incidents of noncompliance which create a competitive advantage over licensees in full compliance; or
   3. (C) A history of repetitive violative incidents.
6. (6) “Respondent” means a person charged with a violation of the Soil Amendment Act of 1977, Arkansas Code § 2-19-401 et seq., and the rules written pursuant thereto.