(a)
- (1) If, after investigation, the Director of the Division of Labor determines that there has been a violation of the provisions of Arkansas Code § 8-7-1001 et seq., or this part, the director shall issue an order to the official or party responsible for performing the required duties directing that official or party to cease and desist the act or omission constituting the violation.
- (2) Such an order, when final, shall constitute prima facie evidence of a violation in any enforcement action as provided by Arkansas Code § 8-7-1014(a).
(b)
- (1) The cease and desist order shall be final unless within twenty (20) days after receipt of notice thereof by certified mail, the person, official, or party charged with the violation notifies the director in writing that he or she contests such order.
- (2) In the event the order is contested, a final determination shall be made after notice and hearing pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
(c)
(1) If the director determines that a public employer has violated 8 CAR § 100-108 or Arkansas Code § 8-7-1008 relating to employee information and training, and within sixty (60) days of issuance of a cease and desist order the public employer has not remedied the violation, the director may:
- (A) Conduct a program or programs to remedy the violation; and
- (B) Require such public employer to reimburse the director for the cost of doing so.
- (2) The date of issuance of a cease and desist order shall be the date such order becomes final.
- (d) The issuance of a cease and desist order by the director shall not be a prerequisite for adverse personnel action by the public employer against any supervisory personnel responsible for the violation.
- (e) In interpreting this part, the director may rely on Interpretive Bulletins issued by the United States Occupational Safety and Health Administration, United States Department of Labor involving the United States Occupational Safety and Health Administration’s Hazard Communication Standard, 29 C.F.R. § 1910.1200.