§ 15-20-905 - Enforcement. - Arkansas Statutes

15-20-905. Enforcement.

(a) (1) Agents of the Arkansas Natural Resources Commission shall have the power to enter on private property to determine compliance with this subchapter.

(2) (A) Entry shall not occur without prior notification of the owner, operator, or agent in charge of the property.

(B) Notice shall be given to the owner, operator, or agent in charge of the property at least seventy-two (72) hours before entry.

(3) Documentation of biosecurity measures taken and biosecurity certification received by an inspection agent of the Arkansas Natural Resources Commission or by a conservation district officer, including a biosecurity log book, shall be available to the owner upon request.

(4) Upon notice of disease outbreak by the Arkansas Livestock and Poultry Commission, inspection under this subchapter shall be automatically suspended until notification by the Arkansas Livestock and Poultry Commission that it is safe to resume inspections.

(b) (1) The Arkansas Natural Resources Commission may impose administrative penalties not to exceed five hundred dollars ($500) per violation against the owner of a poultry feeding operation that fails to comply with the requirements of this subchapter.

(2) The imposition of administrative penalties shall be conducted pursuant to the Arkansas Administrative Procedure Act, 25-15-201 et seq.

(3) If the person against whom an administrative penalty has been imposed by the Arkansas Natural Resources Commission under this section fails to pay the penalty to the Arkansas Natural Resources Commission, the Arkansas Natural Resources Commission may file an action to collect the administrative penalty in the circuit court of the county in which the poultry feeding operation is located.