Arkansas § 23-119-105 Enforcement

Arkansas Statutes

§ 23-119-105 — Enforcement

Arkansas § 23-119-105

Title23

This text of Arkansas § 23-119-105 (Enforcement) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 23-119-105 (2026).

Text

(a)The Oil and Gas Commission shall have jurisdiction of and authority over all persons and property necessary to administer and enforce effectively:

(1)This chapter; and (2) The Arkansas Data Centers Act of 2023, § 14-1-601 et seq.

(b)Upon receipt of a complaint under subsection (d) of this section, the commission may make inquiries it deems proper relating to its duties to administer and enforce this chapter and the Arkansas Data Centers Act of 2023, § 14-1-601 et seq., including without limitation:

(1)Making reasonable investigations and inspections;

(2)Examining properties, leases, papers, books, and records;

(3)Holding hearings;

(4)Requiring the keeping of records and the making of reports; and (5) Taking such action as may be reasonably necessary to enforce this chapter.

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(a) The Oil and Gas Commission shall have jurisdiction of and authority over all persons and property necessary to administer and enforce effectively: (1) This chapter; and (2) The Arkansas Data Centers Act of 2023, § 14-1-601 et seq. (b) Upon receipt of a complaint under subsection (d) of this section, the commission may make inquiries it deems proper relating to its duties to administer and enforce this chapter and the Arkansas Data Centers Act of 2023, § 14-1-601 et seq., including without limitation: (1) Making reasonable investigations and inspections; (2) Examining properties, leases, papers, books, and records; (3) Holding hearings; (4) Requiring the keeping of records and the making of reports; and (5) Taking such action as may be reasonably necessary to enforce this chapter. (c) Upon receipt of a complaint under subsection (d) of this section, the commission may make, after hearing and notice, such reasonable orders as necessary from time to time in the proper administration and enforcement of this chapter and the Arkansas Data Centers Act of 2023, § 14-1-601 et seq. (d) (1) An individual or legal entity may file a complaint with the commission relating to the compliance of digital asset mining businesses with state law, the requirements and terms of a permit, or the rules of the commission. (2) Upon receipt of a complaint, the commission may: (A) Investigate the complaint; and (B) Assess penalties in response to any identified noncompliance. (e) The commission shall promulgate rules establishing: (1) The procedures for ensuring compliance with state law, the requirements and terms of a permit, and rules of the commission; and (2) (A) Penalties for failure to comply with state law, the requirements and terms of a permit, or rules of the commission, including without limitation: (i) Financial penalties; and (ii) The suspension or revocation of a permit issued under this chapter. (B) Financial penalties under this subdivision (e)(2) shall not exceed five thousand dollars ($5,000) per day of a violation. (f) This chapter does not: (1) Prohibit a local government from adopting one (1) or more ordinances, resolutions, or other appropriate legislative enactments to regulate digital asset mining businesses that: (A) Address areas of regulation that are not otherwise addressed by federal law, state law, or the rules of the commission; and (B) Are not inconsistent with federal law, state law, or the rules of the commission; and (2) Prevent a local government from enforcing an ordinance, resolution, or other appropriate legislative enactment regulating digital asset mining businesses that is not inconsistent with federal law, state law, or the rules of the commission.