(a) Under the Arkansas Code, the State Plant Board has several options for enforcement action.
(b) These are:
(1)
(A) Warning letter.
(B) For minor, first level of enforcement violations, the board may issue a warning letter.
(C) The letter will cite the specific violation.
(D) The letter will also identify any corrective action that may be needed and notify the respondent that further violations will result in more severe enforcement action;
(2)
(A) Informal agreement.
(B) When a violation has been alleged, the respondent has the option of an informal hearing or a board/committee hearing.
(C) The purpose of the informal hearing is to resolve a complaint or incident.
(D) The group, staff, and respondent will seek consensus on an appropriate enforcement action for recommendation to the board.
(E) Enforcement action based on the Penalty Matrix, see Appendix A, may include a civil penalty and/or:
(i) License:
(a) (a) Suspension;
(b) (b) Revocation; or
(c) (c) Nonrenewal; or
(ii) Registration cancellation.
(F) The full board acts on all recommendations resulting from the informal hearing;
(3)
(A) Board/committee hearing.
(B) If the respondent chooses to bypass the informal agreement process, or if an agreement cannot be reached during the informal hearing, a hearing may be requested before the Fertilizer and Lime Committee of the board.
(C) Enforcement action may include civil penalty and/or:
(i) License:
(a) (a) Suspension;
(b) (b) Revocation;
(c) (c) Nonrenewal; or
(ii) Registration cancellation.
(D) Following the committee hearing, a written finding of fact, conclusion of law, and recommendation will be submitted to the board.
(E) The full board will act on all recommendations of the committee and may accept the recommendation or may alter the settlement;
(4)
(A) Suspension, revocation, or nonrenewal of registration.
(B) The suspension, revocation, or nonrenewal of a license by the board may be in addition to, or in conjunction with, a civil penalty fine;
(5)
(A) Injunction.
(B) The board may apply for an injunction to any court of competent jurisdiction for violations of the Soil Amendment Act of 1977, Arkansas Code § 2-19-401 et seq.
(C) The court, upon hearing and for cause, has the option of a temporary or permanent injunction restraining any person from violating any provisions of the Soil Amendment Act of 1977 and rules; and
(6)
(A) Referral to prosecuting attorney.
(B) The board has the option of referring violations of the Soil Amendment Act of 1977 to the prosecuting attorney.