(a) Acting upon probable cause or during an inspection or investigation, an investigator or the Director of the Arkansas Towing and Recovery Board may cite a tow business for any of the following offenses:

1. (1) Operating a tow vehicle without a proper permit or license;
2. (2) Operating a tow vehicle that is out of compliance with the safety and operating rules prescribed by the Arkansas Towing and Recovery Board;
3. (3) Operating a tow vehicle that has not been permitted or licensed as a tow vehicle by the State of Arkansas;

4. (4)

   1. (A) Not responding within the prescribed time frame to a request for information relating to a consumer complaint.
   2. (B) Citations shall be in addition to the mandated daily accrual of twenty-five dollars ($25.00) per day;
5. (5) Failure to properly post required notifications in a conspicuous place as required by the board; or
6. (6) Failure to meet the basic criteria for an adequate place of business.

(b) Fines assessed by citation for each violation of subsection (a) of this section shall be:

1. (1) Fifty dollars ($50.00) for the first offense;
2. (2) One hundred dollars ($100) for the second offense; and
3. (3) Two hundred dollars ($200) for the third and each subsequent offense.

(c)

1. (1) The tow business may pay the fine within fifteen (15) calendar days of receiving the citation or submit an appeal to the board within the fifteen (15) calendar days.

2. (2) Appeals shall be in writing and shall include the following information:

   1. (A) Business name and address;
   2. (B) Email address;
   3. (C) Daytime telephone number;
   4. (D) Name of responsible party and owner;
   5. (E) Citation number;
   6. (F) Permit number, if applicable;
   7. (G) Reason for appeal; and
   8. (H) Supporting evidentiary documentation.

(d)

1. (1) If the fine is not paid and no notice of an appeal is filed within the fifteen (15) calendar days, the director shall set the violation and the unpaid fine for a hearing before the board.
2. (2) The tow business shall be notified in writing of the hearing date.

(e) The board may choose to take the following actions:

1. (1) Uphold the fine issued by the investigator or director;
2. (2) Uphold the citation and may require additional action for the violation;
3. (3) Reduce the fine or increase the fine not to exceed two hundred dollars ($200) for the violation;
4. (4) Dismiss the citation; or
5. (5) Revoke or suspend a license, registration, permit, endorsement, or enhancement.