(a)
- (1) In addition to being sanctioned as provided for in Arkansas Code § 7‑6‑218(b)(4), candidates and public servants who fail to file or file untimely the Statement of Financial Interest, as required by law and referenced in 7 CAR §§ 3-149 and 3-150, shall be subject to fines for the late filing of statements.
- (2) Although fines are assessed on the facts of each case, the following serves as a guideline in determining the amount of the fine: Date Statement Filed Amount of Fine 1 to 15 days late $ 50.00 16 to 30 days late $ 100.00
(b) A public servant or candidate who gives false or materially misleading information on a Statement of Financial Interest or omits information from the statement as required by Arkansas Code § 21‑8‑701 et seq., may be:
- (1) Assessed by the Arkansas Ethics Commission a fine of not less than fifty dollars ($50.00) or more than three thousand five hundred dollars ($3,500) for each violation; and
(2) Issued a public letter of:
- (A) Caution;
- (B) Warning; or
- (C) Reprimand.
- (c) In addition to the fines and sanctions discussed above, candidates and public servants who fail to file their Statement of Financial Interest will be ordered to file such reports within ten (10) days.
(d)
- (1) It is an affirmative defense to prosecution or disciplinary action if a candidate who is required to file a Statement of Financial Interest under Arkansas Code § 21-8-701 et seq., amends the statement within thirty (30) days of discovering or learning of an unintentional error in the Statement of Financial Interest.
- (2) However, assertion of the affirmative defense provision shall not be construed to remove the duty to file a Statement of Financial Interest or authorize a candidate to knowingly fail to file a Statement of Financial Interest required under Arkansas Code § 21-8-701 et seq.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote to 7 CAR § 3-151(d) as follows: “69 Ark. Code Ann. § 21-8-701(f)”.