§ 2-24-108 — Violations - Penalties

(a) It is a violation of this chapter to: (1) Operate as a dealer without a license issued under this chapter; (2) Knowingly violate this chapter; or (3) Knowingly refuse to allow inspection of a dealer's premises, books, accounts, or other records during an audit by the State Plant Board under this chapter. (b) A person that commits a violation under subsection (a) of this section is guilty of a Class D felony. (c) A person that negligently violates this chapter upon conviction is guilty of a Class A misdemeanor. (d) (1) A person who violates this chapter or a rule promulgated under this chapter upon conviction is guilty of a violation and shall be punished by a fine of not more than one hundred dollars ($100). (2) (A) In addition to or in lieu of any other lawful disciplinary action, the board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of a statute, rule, or order enforceable by the board under this chapter. (B) (i) The board shall establish by rule a schedule designating the minimum and maximum civil penalty that may be assessed under this subsection for violation of each statute, rule, or order over which it has regulatory control under this chapter. (ii) The board may promulgate any other rules necessary to carry out the intent of this subsection. (C) If a civil penalty lawfully assessed under subdivision (d)(2)(A) of this section is not paid, the civil penalty is recoverable in the name of the state by the Attorney General in Pulaski County Circuit Court or in the circuit court of the county in which the violation occurred. (D) A civil penalty paid or recovered under this subsection shall be deposited into the State Treasury to be credited to the Miscellaneous Agencies Fund Account.

Legislative History

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.