(a) Types of fines. The Boiler Inspection Division is authorized to issue the following administrative fines:

1. (1) Arkansas Code § 20-23-301 authorizes a fine of no less than twenty-five dollars ($25.00) and not more than one thousand dollars ($1,000) for the following:

   1. (A) Operating a boiler or pressure vessel without a certificate of inspection or operating permit;
   2. (B) Operating a boiler or pressure vessel at a pressure greater than permitted by the certificate of inspection or operating permit;
   3. (C) Installing, repairing, or operating a boiler or pressure vessel in violation of this part, including the ASME standards adopted by 20 CAR § 880-701;
   4. (D) Operating a boiler or pressure vessel on which the permit has been suspended or operation has been forbidden by a licensed inspector; and
   5. (E) Installing pressure piping in violation of this part or the ASME standards adopted by 20 CAR § 880-701;
2. (2) Arkansas Code § 20-23-302 authorizes an administrative fine of one hundred dollars ($100) for any owner or operator who fails to report the location of a boiler or pressure vessel to the Boiler Inspection Division;
3. (3) Arkansas Code § 20-23-311(d) provides that any owner or user who fails to pay an inspection fee within thirty (30) days of it being due, shall be subject to a civil penalty equal to the amount of the inspection fee;
4. (4) Arkansas Code § 20-23-404(b)(2) authorizes an administrative fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100) for operating a boiler without a boiler operator’s license; and
5. (5) Arkansas Code § 20-23-407 authorizes an administrative fine of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per violation per day to any owner/user participating in the owner/user program in 20 CAR § 880-1301 et seq., for the failure to comply with this part, including the ASME standards adopted by 20 CAR § 880-701.

(b) Procedure.

1. (1) In administrative fine cases, the Code Enforcement Administrator of the Division of Labor shall notify the person or persons or entity charged with the violation or violations by certified mail of the following:

   1. (A) A statement identifying the boiler or pressure vessel by state-issued identification number, as well as the physical address of the boiler or pressure vessel;
   2. (B) A short, plain statement of the facts constituting the violation or violations, together with a citation to the statute, rule, or standard violated;
   3. (C) The amount of the administrative fine or civil penalty;
   4. (D) The date of the boiler inspection, if applicable; and
   5. (E) A statement that the administrative fine or penalty shall be final unless within:

(i) Ten (10) days after receipt of this notice, the owner or user pays any delinquent inspection fee required for issuance of an operating certificate; or

1. (ii) Twenty (20) days after receipt of this notice, the person, firm, corporation, partnership, or association charged with the violation or violations notifies the Director of the Division of Labor in writing that he or she contests the penalty.

2. (2)

   1. (A) Notice of the fine or civil penalty will be sent by United States Postal Service, return receipt requested, delivery restricted to the named recipient or his or her agent.
   2. (B) Notice shall be sufficient when it is so mailed to the respondent’s latest address on file with the Boiler Inspection Division.
   3. (C) Notice may also be made in the same manner as authorized for a summons in a civil action.
3. (3) If the person or entity charged with the violation has not filed notice that he or she contests the administrative fine within twenty (20) days after receiving notice in accordance with subdivision (b)(1) of this section, the fine or penalty assessment by the Code Enforcement Administrator shall constitute a final administrative determination.

4. (4)

   1. (A) A fine or penalty may be contested by filing a written request for a hearing with the: Director of the Division of Labor 10421 West Markham Street Little Rock, AR 72205
   2. (B) The written request must be received by the Division of Labor within twenty (20) days of person or entity’s receipt of the notification of the fine or penalty.

5. (5)

   1. (A) A contested fine shall be set for an adjudicative hearing pursuant to 20 CAR § 880-301 et seq.

   2. (B) The director shall designate a hearing officer.

      1. (c) Assessment of an administrative fine shall be made no later than two (2) years from the date of the occurrence of the violation.