§ 27-50-1204 — Penalties

(a) (1) The following shall be liable for all reasonable costs of towing, recovery, storage, and other incidental costs related to a removal of a vehicle under this subchapter: (A) The owner of the vehicle; (B) The person who left the unattended vehicle or abandoned vehicle before removal; and (C) An owner or operator who waives the owner preference. (2) If the vehicle is sold by foreclosure under § 27-50-1209 , the owner or operator shall be liable for such costs in excess of the proceeds of the sale of the vehicle. (b) Any law enforcement agency that without reasonable justification fails to provide information to the towing and storage firm within twenty-four (24) hours as prescribed by this subchapter shall be liable to the towing and storage firm for any accrued storage fees between the expiration of the twenty-four-hour period and such time as the information is provided. (c) Upon any complaint or on its own initiative when the Arkansas Towing and Recovery Board has reason to believe that a law enforcement officer failed to adhere to an owner preference request or otherwise violated this subchapter, the board may investigate the matter and submit its findings to proper law enforcement authorities. (d) Any person, excluding a law enforcement officer, who is determined by the board after reasonable notice and opportunity for a fair and impartial hearing held in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to have committed an act that is in violation of this subchapter or any rules promulgated under this subchapter is subject to civil penalties prescribed by the board, including monetary penalties not to exceed five thousand dollars ($5,000) or the suspension or revocation of any towing license or permit, or both. (e) Nothing in this section shall be construed to limit the right to seek judicial review of any determination of the board pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (f) (1) A penalty assessed by the board shall be paid no later than fifteen (15) days after the conclusion of the appeals process under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) If not paid timely, a license or permit issued by the board may be suspended until the penalty is paid. (3) (A) If an entity or individual fails to pay a fine or an installment payment as provided under subdivision (f)(1) of this section, the board may provide written notice to the Office of Motor Vehicle of the failure to pay. (B) The notice of the failure to pay a fine ordered by the board shall contain the following information: (i) The name of the entity or individual that is subject to the fine; (ii) The vehicle identification number or other identifying information for the vehicle owned by the entity or individual that is the subject of the fine; (iii) The date the board imposed the fine; (iv) The amount of the fine; (v) The date the fine or installment payment became delinquent; and (vi) The amount of the fine or installment payments that remain delinquent. (C) Upon receipt of the notice of the failure to pay a fine or installment payment, the Office of Motor Vehicle shall suspend the tow vehicle license plate issued under § 27-14-601(a)(3)(J)(i) and the tow vehicle's registration. (D) A suspension under this subdivision (f)(3) for failure to pay a fine ordered by the board shall remain in effect until the Office of Motor Vehicle receives written notice from the board that the fine has been paid.

Legislative History

Amended by Act 2019, No. 315,§ 3153, eff. 7/24/2019. Acts 1993, No. 1000, § 10; 2005, No. 1878, § 4; 2005, No. 2211, § 2; 2007, No. 861, §§ 5, 6; 2007, No. 1053, §§ 3-5; 2011, No. 732, § 1; 2011, No. 1025, § 2.