(b) These are:

1. (1)

   1. (A) Warning letter.
   2. (B) For minor, first level of enforcement violations, the board or board staff will issue a warning letter.
   3. (C) The letter will cite the specific violation.
   4. (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. (2)

   1. (A) Stop use/stop sale.
   2. (B) The use or sale of unregistered, deficient, or adulterated pesticides, the use of faulty equipment, or an invalid applicator’s registration, etc., will remain in effect until violation is corrected;

3. (3)

   1. (A) Informal agreement.
   2. (B) When a violation has been alleged, the respondent has the option of:

(i) Accepting the prepared settlement agreement prepared in accordance with the requirements of this part;

1. (ii) An informal hearing; or

   1. (iii) A board/committee hearing.

   2. (C)

      1. (i) The purpose of the informal hearing is to resolve a complaint or incident.
      2. (ii) A hearing officer will meet jointly with the respondent and board staff.
      3. (iii) The group will seek consensus on an appropriate enforcement action for recommendation to the board.

   3. (D) Enforcement action based on the Penalty Matrix, see Appendix A, will include:

      1. (i) Civil penalty and/or license suspension;
      2. (ii) Revocation;
      3. (iii) Nonrenewal; or
      4. (iv) Registration cancellation.
   4. (E) The full board acts on all recommendations resulting from the informal hearing;

2. (4)

   1. (A) Board/committee hearing.
   2. (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 Pesticide Committee of the board.

   3. (C) Enforcement action will include:

      1. (i) Civil penalty and/or license suspension;
      2. (ii) Revocation;
      3. (iii) Nonrenewal; or
      4. (iv) Registration cancellation.
   4. (D) Following the committee hearing, a written finding of fact, conclusion of law, and recommendation will be submitted to the board.
   5. (E) The board will act on all recommendations of the committee;

3. (5)

   1. (A) Immediate suspension of license.
   2. (B) Under the Arkansas Pesticide Use and Application Act, Arkansas Code § 20-20-201 et seq., only.
   3. (C) The board may suspend, pending inquiry, for not more than ten (10) days, any license or permit issued by the board for violation of the Arkansas Pesticide Use and Application Act, Arkansas Code § 20-20-201 et seq.;

4. (6)

   1. (A) Referral to prosecuting attorney.
   2. (B) The board has the option of referring violations of the Arkansas Pesticide Use and Application Act, Arkansas Code § 20-20-201 et seq., and the Arkansas Pesticide Control Act, Arkansas Code § 2-16-401 et seq., to the prosecuting attorney; and

5. (7)

   1. (A) Referral to the United States Environmental Protection Agency.
   2. (B) The board will negotiate cases of referral with the United States Environmental Protection Agency to determine the appropriate action.