(a) When the Board of Directors of the Benton County Regional Solid Waste Management District determines that a person is subject to civil penalties pursuant to this section, the board shall so notify the person in writing setting forth the:
- (1) Alleged violation; and
- (2) Amount of proposed civil penalty.
(b)
- (1) Upon receipt of a notice of violation and penalty from the board, a person may object and request a hearing before the board by delivering such request in writing to the Benton County Regional Solid Waste Management District within twenty (20) days, setting forth the reasons why the person disagrees with the notice of violation and proposed civil penalty.
- (2) If the district receives a request for a hearing on a notice of violation and proposed penalty as provided in this section, the board shall set a hearing date within thirty (30) days of receipt of the request.
- (c) The person shall be allowed a reasonable opportunity to present documents and oral testimony in support of its position.
(d) The Executive Director of the Benton County Regional Solid Waste Management District shall present to the board the:
- (1) Basis for the notice of violation; and
- (2) Proposed civil penalty.
(e) Upon receipt and consideration of evidence and testimony at the hearing:
- (1) The board members present shall vote on the proposed violation and civil penalty; and
- (2) A majority vote of those board members present shall be final.
- (f) A court reporter shall be present to record the proceedings.
- (g) Hearings shall otherwise be conducted in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
(h)
- (1) The decision of the board at the close of any hearing shall be effective immediately upon issuance of a written decision by the board, and payment of the civil penalty shall be due within thirty (30) days of the decision date.
- (2) In the event no request for a hearing is received by the district within the time prescribed by this section, the proposed violation and civil penalty shall become final on the day following the date on which a hearing request is due, and payment shall be due within thirty (30) days.