(a) Civil fines generally.

1. (1) Arkansas Code § 20-24-103 provides that any person, owner, lessee, partnership, association, corporation, or inspector who violates any provision of Arkansas Code §§ 20-24-101 – 20-24-120 shall be subject to a civil fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) for each offense.
2. (2) Each day during which a violation continues shall be a separate offense.

(b) Assessment of fines.

1. (1)

   1. (A) The Elevator Safety Section will notify the person, owner, lessee, partnership, association, corporation, inspector, licensee, or permittee of any assessment of a civil fine or penalty.
   2. (B) Notice shall be provided in the same manner as a notice of hearing provided for in Arkansas Code § 25-15-208 and 20 CAR § 881-109.

2. (2) The notice of a fine or penalty assessment shall include the following information:

   1. (A) The nature of the violation or violations;
   2. (B) The date or dates of the violation or violations;
   3. (C) The amount of the civil penalty or fine; and
   4. (D)

(i) A statement that the civil fine or penalty will be final unless it is appealed to the Elevator Safety Board by making a written request to the board for a hearing within thirty (30) days of the notice of assessment.

1. (ii) Any hearing before the board will be conducted in accordance with Arkansas Code §§ 25-15-208 and 25-15-213 and 20 CAR § 881-109.
2. (3) In determining the amount of the fine or penalty, the Elevator Safety Section or the board may consider those factors listed in 20 CAR § 881-109(r).
3. (4) The Elevator Safety Section has the burden of proving the alleged facts and violations of law stated in the notice.

4. (5) No fine shall be assessed later than two (2) years from the date of the occurrence of the violation, unless such violation is continuing in nature.

   1. (c) Payment of fine.
5. (1) If a fine or penalty has not been paid with sixty (60) days of the final administrative determination, the Director of the Division of Labor may file a civil action in a court of competent jurisdiction to recover the fine or penalty.

6. (2)

   1. (A) No license or permit may be renewed by any licensee or permittee with an unpaid fine or penalty.

   2. (B) Further, failure to pay a fine or penalty shall be cause for revocation of any license or permit.

      1. (d) Injunction. In addition to other enforcement action, the director is authorized to petition a court of competent jurisdiction to enjoin or restrain violations of Arkansas Code § 20-24-101 et seq.