(a) It is an affirmative defense to prosecution or disciplinary action under Ark. Const. Art. 19, § 30(c)(1) and (2), that a person elected or appointed to an office under 21 CAR § 4-102 of this part takes one (1) of the following actions within thirty (30) days of discovering or learning of an unintentional violation of Ark. Const. Art. 19, § 30:

1. (1) Returns the gift to the donor; or
2. (2) If the gift is not returnable, pays the donor consideration that is equal to or greater than the value of the gift.

(b)

1. (1) The Arkansas Ethics Commission shall not proceed with an investigation of an alleged violation of Ark. Const. Art. 19, § 30, if the commission determines that a person would be eligible to raise the affirmative defense under Ark. Const. Art. 19, § 30(c)(3)(A).
2. (2) If the commission does not proceed with an investigation of an alleged violation, the person shall not be considered to have committed a violation.