Under the Arkansas Code, the State Plant Board has several options for enforcement action:

1. (1)

   1. (A) Stop use/stop sale.
   2. (B) The stop-use or stop-sale of a noncompliant commodity or commercial device will remain in effect until the violation is corrected.
   3. (C) A release from a stop-sale or stop-use order will be awarded only after final disposition has been agreed upon by the Director of the Arkansas Bureau of Standards;

2. (2)

   1. (A) Warning letter.
   2. (B) For minor, first level violations, the Director of the Arkansas Bureau of Standards will issue a warning letter.
   3. (C) The letter will cite the specific violation.
   4. (D) The letter may also identify any corrective action that may be needed and notify the respondent that additional violations will result in more severe enforcement action;

3. (3)

   1. (A) Informal agreement.
   2. (B) Board staff may meet with the respondent in an informal hearing to review the alleged violation or violations.
   3. (C) The purpose of the informal hearing is to resolve a complaint or incident.
   4. (D) The group will seek consensus on an appropriate enforcement action for recommendation to the Bureau of Standards Committee of the board.

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

      1. (i) Civil penalty; and/or

      2. (ii) Registration:

         1. (a) (a) Suspension;
         2. (b) (b) Revocation; or
      3. (c) (c) Nonrenewal.
   6. (F) If the respondent does not agree with the allegations of staff, the respondent may request a formal committee hearing.
   7. (G) The board acts on all recommendations resulting from the informal hearing;

4. (4)

   1. (A) Civil penalty.
   2. (B) The amount is assessed by the board in accordance with the Penalty Matrix.

5. (5)

   1. (A) Board/committee hearing.
   2. (B) If the respondent chooses to bypass the informal hearing process, or if an agreement is not reached during the informal hearing, a hearing will be held by the Bureau of Standards Committee of the board.

   3. (C) Enforcement action may include:

      1. (i) Civil penalty; and/or

      2. (ii) Registration:

         1. (a) (a) Suspension;
         2. (b) (b) Revocation; or
      3. (c) (c) Nonrenewal.

   4. (D)

      1. (i) Following the committee hearing, a written findings of fact, conclusions of law, and recommendation will be submitted to the board.
      2. (ii) The board will act on all recommendations of the committee.
   5. (E) The director and board will follow the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., in the proceedings (notice and hearings);

6. (6)

   1. (A) Restraining order and injunction.
   2. (B) The Director of the State Plant Board is authorized to apply to any court of competent jurisdiction for a restraining order or a temporary or permanent injunction restraining any person from violating any provision of this part, see Arkansas Code §§ 4-18-325, 4-108-210, 20-61-203, and 20-61-301; and

7. (7)

   1. (A) Suspension or revocation of registration under Arkansas Code § 4-18-344.
   2. (B) The director may suspend or revoke the certificate of registration of a registered service agent for violating any provision of this part.
   3. (C) If the registration of a registered service agent has been suspended or revoked, then the service agent may not register with the bureau as a service agent for at least one (1) year.
   4. (D) When the suspension or revocation of a certificate is proposed, the director and board will follow the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., in the proceedings (notice and hearings).