As used in this part:

1. (1) “Auxin pesticides” means Group 4 herbicides as categorized by the Weed Science Society of America (WSSA);
2. (2) “Base fine” means the midpoint of a civil penalty range; Example: The civil penalty range for refusal to keep proper records (first level of enforcement) is one hundred dollars ($100) to five hundred dollars ($500). The base fine is three hundred dollars ($300).

3. (3)

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

      1. (i) Appropriate division director or the appropriate section manager;
      2. (ii) Agency assistant director; and
      3. (iii) Agency director or the director’s 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;

4. (4)

   1. (A) “Damage” means the presence of symptomology commonly associated with exposure to an herbicide on a plant.

   2. (B) For purposes of determining a regulatory response, damage does not indicate any level of economic impact but rather exposure to a chemical that results in expression of a physical change in the exposed plant, including but not limited to:

      1. (i) Necrotic spots;
      2. (ii) Cupping of leaves;
      3. (iii) Epinasty;
      4. (iv) Chlorotic spots; or
      5. (v) Necrotic plants;

5. (5)

   1. (A) “Egregious violation” means a violation occurring after August 1, 2017, and prior to March 11, 2019, that causes significant off-target crop damage occurring as a result of an application of:

      1. (i) Dicamba;
      2. (ii) An auxin-containing herbicide; or
      3. (iii) Any new herbicide technology released after August 1, 2017.

   2. (B) For violations occurring on or after March 11, 2019, a violation where application of one (1) of the following herbicides is used intentionally in violation of the federal label requirements or a state law or rule regarding its application:

      1. (i) Dicamba;
      2. (ii) An auxin-containing herbicide; or
      3. (iii) A new herbicide technology released after August 1, 2017;

6. (6)

   1. (A) “Level of enforcement” means the category by which a violative incident is considered a first, second, third, or fourth offense.

   2. (B)

      1. (i) 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.
      2. (ii) The previous violation or violations must have occurred within the past three (3) years;

7. (7)

   1. (A) “Major violation” means:

      1. (i) A violative incident which affects human health, safety, or the environment;
      2. (ii) Other incidents of noncompliance which create a competitive advantage over licensees in full compliance; or
      3. (iii) A history of repetitive violative incidents.
   2. (B) In no case shall a single application or drift incident by a pesticide applicator be considered multiple violations based on the number of complaints;

8. (8) “Minor violation” means a violative incident which does not involve:

   1. (A) 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;
9. (9) “Off-target” means any area outside the target area (or within or across any buffer zone if rules require one) where an application, included as part of production practices, was made;
10. (10) “Off-target crop damage” means any symptomology from an off-label application; and

11. (11)

    1. (A) “Respondent” means a dealer, manufacturer, firm, applicator, or individual charged with a violation of the:

       1. (i) Arkansas Pesticide Use and Application Act, Arkansas Code § 20-20-201 et seq., as amended;
       2. (ii) Arkansas Pesticide Control Act, Arkansas Code § 2-16-401 et seq., as amended; and
       3. (iii) Rules written pursuant thereto.

    2. (B)

       1. (i) The firm shall be named as the responsible party for a violative incident.

       2. (ii)

          1. (a) (a) Except that for a violative application incident, the enforcement level for an aerial application firm shall be determined by the past record of violations of the pilot making the application.
          2. (b) (b) If license suspension is the indicated level of enforcement, the license of the pilot making the application is the license to be suspended.
       3. (c) (c) However, in no case shall the pilot making the application be responsible for violative actions for which the firm is responsible.