(a) The Department of Health is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following:
- (1) Restrain any violation of, or compel compliance with, the provisions of the Arkansas Lead-Based Paint-Hazard Act of 2011, Arkansas Code § 20-27-2501 et seq. and any rules or orders, issued pursuant thereto;
- (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of the Arkansas Lead-Based Paint-Hazard Act of 2011; or
- (3) Recover all costs, expenses, and damages to the department and any other agency or subdivision of the state in enforcing or effectuating the provisions of Arkansas Lead-Based Paint-Hazard Act of 2011, including, but not limited to, natural resource damages.
(b)
- (1) Any person who violates any provision of this part may be assessed an administrative civil penalty not to exceed one thousand dollars ($1,000) per violation.
- (2) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment.
- (3) No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing.
- (4) All hearings and appeals arising under this subsection shall be conducted in accordance with the procedures prescribed by the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.