§ 17-107-106 — Civil penalty and injunction

(a) (1) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may levy a civil penalty not to exceed one thousand dollars ($1,000) for each violation of this chapter or rules promulgated under this chapter against any individual found by the board to be in violation of this chapter or rules promulgated under this chapter. (2) Each day a violation continues is a separate offense. (3) Unless the civil penalty imposed under this section is paid within fifteen (15) calendar days following the date for an appeal from the order, the board may file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of the unpaid civil penalty. (4) (A) The imposition of a civil penalty under this section does not relieve an individual from criminal prosecution under this chapter or from the imposition of an injunction under this section. (B) The remedy of a civil penalty under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter. (b) (1) The board may petition any circuit court having jurisdiction over an individual who is practicing without a license as required by this chapter, an individual to whom a license has been denied, or an individual whose license has been suspended or revoked by action of the board under this chapter to enjoin the individual from continuing to practice within this state. (2) (A) The issuance of an injunction under this section shall not relieve an individual from criminal prosecution under this chapter or the imposition of civil penalties under this section. (B) The remedy of an injunction under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter.

Legislative History

Acts 2007, No. 174, § 1.