(a)

1. (1) The Arkansas Ethics Commission will review the evidence, testimony, documents, and any other matters presented at the public hearing and thereafter render a decision.
2. (2) In rendering its decision, the commission will not be bound by the terms of its offer of settlement.

(c) If the commission finds that the respondent did commit a violation, it shall do one (1) or more of the following unless good cause be shown for the violation:

1. (1) Issue a final order in which the commission finds that there is sufficient evidence to show that a violation of law under the jurisdiction of the commission occurred and that the respondent shall be issued a public letter of caution;
2. (2) Issue a final order in which the commission finds that there is sufficient evidence to show that a violation of law under the jurisdiction of the commission occurred and that the respondent shall be issued a public letter of warning;
3. (3) Issue a final order in which the commission finds that there is sufficient evidence to show that a violation of law under the jurisdiction of the commission occurred and that the respondent shall be issued a public letter of reprimand;
4. (4) In a final order in which the commission finds that there is sufficient evidence to show that a violation of Arkansas Code § 19-11-718 has occurred, the commission may also declare that the special state employee has been removed from the covered board and a vacancy exists;

5. (5)

   1. (A) Report its findings and other evidence to the proper law enforcement authorities along with recommendations on criminal prosecution.
   2. (B) In exercising this power, the commission is not required to make a finding of a violation of the laws under its jurisdiction;
6. (6) Impose a fine of not less than fifty dollars ($50.00) nor more than three thousand five hundred dollars ($3,500) for negligent or intentional violation of a law or laws under the commission’s jurisdiction;
7. (7) The commission may impose single or multiple sanctions against a respondent found to have committed multiple violations;
8. (8) Impose a late filing fee not exceeding fifty dollars ($50.00) for each day a statement of organization or financial report remains unfiled by a ballot question committee or legislative question committee;
9. (9) Impose a late filing fee not exceeding twenty-five dollars ($25.00) for each day a required amendment of the information contained in a statement of organization remains unfiled by a ballot question committee or legislative question committee; and
10. (10) Order the respondent to file or amend a statutorily required disclosure form.

(d) In determining the type or types of sanction or sanctions to impose, if any, after making a finding of a violation, the commission may consider all of the surrounding circumstances including, but not limited to, the following:

1. (1) The seriousness of the violation;

2. (2) The presence or absence of any intention to:

   1. (A) Conceal;
   2. (B) Deceive; or
   3. (C) Mislead;
3. (3) Whether the violation was negligent or intentional;
4. (4) Whether the respondent demonstrated good faith by consulting the commission staff or any other government agency;
5. (5) Whether the violation was isolated or part of a pattern;
6. (6) Whether the respondent has previously been found to have violated a law under the commission’s jurisdiction;
7. (7) Whether the respondent, upon learning of a reporting violation, voluntarily took corrective action to provide full disclosure; and
8. (8) Whether the respondent has shown good cause for the violation.

(e)

1. (1) In the event a fine is not paid in a timely fashion, the commission shall be authorized to file suit in accordance with Arkansas Code § 7-6-217(g)(8)(A) to obtain a judgment for the amount of said fine.
2. (2) The commission shall also be authorized to file suit in accordance with Arkansas Code § 7-6-217(g)(8)(A) to enforce an order of the commission requiring the filing or amendment of a statutorily required disclosure form.