(a)

1. (1) It is an affirmative defense to prosecution or disciplinary action if a person who is required to file a statement of financial interest under Arkansas Code § 21-8-701 et seq., amends the statement of financial interest within thirty (30) days of discovering or learning of an unintentional error in the statement of financial interest.
2. (2) If a complaint alleges a person committed a reporting error, the director shall notify the person who is the subject of the complaint of the existence of this affirmative defense.
3. (3) In addition, the director shall notify the person who is the subject of the complaint of the date, time, and place of the meeting at which the allegation will be considered for a determination of whether or not the alleged error in the statement of financial interest was unintentional and whether or not the filing of an applicable amendment occurred within the required thirty-day time period.

(b)

1. (1) In the event the Arkansas Ethics Commission determines that the reporting error was unintentional and the filing of an applicable amendment occurred within the thirty-day time period, the commission shall not proceed with an investigation of an alleged unintentional error in a statement of financial interest filed under Arkansas Code § 21-8-701 et seq.

2. (2)

   1. (A) If the commission does not proceed with an investigation of an alleged unintentional error in a statement of financial interest, the person shall not be considered to have committed a violation of the applicable statute under Arkansas Code § 21-8-701 et seq.
   2. (B) However, assertion of the affirmative defense provision contained herein shall not be construed to:

(i) Remove the duty to file a statement of financial interest required by Arkansas Code § 21-8-701 et seq.; or

1. (ii) Authorize a person to knowingly fail to file a statement of financial interest required by Arkansas Code § 21-8-701 et seq.
2. (3) Upon a determination by the commission that an assertion of the above-described affirmative defense is not valid, the director shall cause an investigation to be commenced concerning the allegation in accordance with the procedure set forth in 7 CAR § 1-601 et seq.