- (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 or board staff will 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)
(i) When a violation has been alleged, the respondent has the option of an informal hearing or a board/committee hearing.
(ii) The purpose of the informal hearing is to resolve a complaint or incident.
(C)
- (i) A hearing officer will meet jointly with the respondent and Department of Agriculture staff.
- (ii) The group will seek consensus on an appropriate enforcement action for recommendation to the board.
- (D) Enforcement action based on the Penalty Matrix, see Appendix A, will include a civil penalty and/or license suspension, revocation, nonrenewal, or registration cancellation.
- (E) The 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 will be held by the Pest Control Committee of the board.
- (C) Enforcement action will include a civil penalty and/or license suspension, revocation, nonrenewal, or 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 board will act on all recommendations of the committee;
(4)
- (A) Suspension — revocation — nonrenewal of a license or 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 Arkansas Pest Control Law, § 17-37-101 et seq.
- (C) The court, upon hearing and for cause, has the option of temporary or permanent injunction restraining any person from violating any provisions of the Arkansas Pest Control Law and rules;
(6)
- (A) Referral to prosecuting attorney.
- (B) The board has the option of referring violations of the Arkansas Pest Control Law, Arkansas Code § 17-37-101 et seq., to the prosecuting attorney; and
(7)
- (A) Referral to the Environmental Protection Agency.
- (B) On behalf of the board, the department will negotiate cases of referral with the Environmental Protection Agency to determine the appropriate action.