(a) 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 structural pest control work (1st level of enforcement) 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:

(i) The Regulatory Services Section Manager or his or her designee;

1. (ii) The Plant Industries Division Director or his or her designee; and

   1. (iii) 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;

2. (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;

3. (4)

   1. (A) “Major violation” means:

      1. (i) A violative incident which affects human health or safety, the environment, or other incidents of noncompliance which create a competitive advantage over licensees in full compliance; or
      2. (ii) A history of repetitive violative incidents.
   2. (B) Any violation consisting of a label violation that involves a potential human exposure may result in elevation of the violation to the fourth level of enforcement.
   3. (C) In no case shall the failure to meet minimum requirements for structural pest work (Subparts 4, 5, 6, and 7 of this part) adopted under the authority of Arkansas Code § 17-37-105, except those which require a termiticide application, be considered a violation and subject to a civil penalty;
4. (5) “Minor violation” means a violative incident which does not involve human health or safety, endanger the environment, or other incidents of noncompliance which do not create a competitive disadvantage for licensees in full compliance; and
5. (6) “Respondent” means a person charged with a violation of the Arkansas Pest Control Law, Arkansas Code § 17-37-101 et seq., as amended, and the rules written pursuant thereto.