§ 11-6-103 — Penalty - Disposition of fines - Definition

Arkansas § 11-6-103

• Jurisdiction: Arkansas
• Title: 11

Text

(a) (1) Any person, firm, corporation, partnership, association, parent, guardian, or custodian who employs or permits or suffers any child to be employed or to work in violation of this subchapter or §§ 11-12-101 - 11-12-105 , or any rules issued thereunder, shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) for each violation. (2) Each day the violation continues shall with respect to each child so employed or permitted work constitute a separate offense. (b) The Director of the Division of Labor shall determine the amount of such penalty and shall consider the appropriateness of such penalty to the size of the business and the gravity of the violation. (c) The determination by the director shall be final unless within fifteen (15) days after receipt of notice thereof by certified mail, the person, firm, corporation, partnership, or association charged with the violation notifies the director in writing that he or she contests the proposed penalty. In the event that penalty is contested, a final determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) The amount of penalty when finally determined may be recovered in a civil action brought by the director in a court of competent jurisdiction, without paying costs or giving bond for costs. (e) Sums collected under this section shall be paid into the Department of Labor and Licensing Special Fund. (f) Assessment of a civil penalty by the director shall be made no later than three (3) years from the date of the occurrence of the violation. (g) In addition to the civil penalty provided by this section, the director is authorized to petition any court of competent jurisdiction, without paying costs or giving bond for costs, to enjoin or restrain any person, firm, corporation, partnership, or association who violates the provisions of this subchapter or §§ 11-12-101 - 11-12-105 , or any rule issued thereunder. (h) (1) In addition to the civil penalties provided for in subsection (a) of this section, an employer who knowingly violates this subchapter is, upon conviction, guilty of a Class C misdemeanor. (2) Upon a second or subsequent conviction, the employer is guilty of a Class B misdemeanor. (i) (1) In addition to the civil penalties provided for in subsection (a) of this section and the criminal penalties provided for in subsection (h) of this section, an employer who knowingly violates this subchapter and the violation results in a serious physical injury to or death of a minor is, upon conviction, guilty of a Class A misdemeanor. (2) Upon a second or subsequent conviction, the employer is guilty of a Class C felony. (j) An employer that willfully engages in any of the following actions is in violation of this subchapter and subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) for each violation: (1) Hinders or delays the director or his or her authorized representative in the performance of his or her duties in the enforcement of this subchapter; and (2) Falsifies records related to child labor. (k) As used in this section, "employer" means every person, firm, corporation, partnership, stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee.

Legislative History

Amended by Act 2023, No. 687,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 687,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 687,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 771, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 770, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5338, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5337, eff. 7/1/2019. Init. Meas. 1914, No. 1, § 13, Acts 1915, p. 1505; C. & M. Dig., § 7099; Pope's Dig., § 9081; A.S.A. 1947, § 81-714; Acts 1991, No. 509, § 1; 2001, No. 577, § 7.