§ 17-29-403 — Civil penalties - Attorney's fees - Code of conduct

(a) Whenever the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., determines that a person has violated any provision of § 17-29-301 et seq., § 23-61-1101 et seq., or the rules promulgated by the board, the board may impose a civil penalty on that person not to exceed ten thousand dollars ($10,000) per violation. (b) If a person against whom a civil penalty has been imposed by the board fails to pay the penalty, the board may file an action in the Pulaski County Circuit Court to collect the civil penalty. (c) If the board prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees, and costs incurred by the board in prosecuting the action. (d) Upon determination by the board that a licensee has committed malpractice, the board may suspend or revoke the license or impose the civil penalty provided in subsection (a) of this section or impose the civil penalty in addition to the suspension or revocation. Furthermore, the board may promulgate a code of conduct for its licensees, the violation of which may result in the imposition of the penalties prescribed in this subsection.

Legislative History

Amended by Act 2017, No. 788,§ 28, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 41, eff. 7/22/2015. Acts 1985, No. 217, § 2; A.S.A. 1947, § 71-927; Acts 1989, No. 106, § 5; 1997, No. 839, § 8.