§ 20-21-204 - Penalties. - Arkansas Statutes

20-21-204. Penalties.

(a) Criminal Penalties. Any person who willfully violates any of the provisions of this subchapter or rules, regulations, or orders in effect pursuant thereto shall be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.

(b) Civil Penalties. (1) Any person may be subject to a civil penalty, to be imposed by the State Radiation Control Agency, not to exceed five thousand dollars ($5,000), who:

(A) Violates any licensing or registration provision of this subchapter or any rule, regulation, or order issued under this subchapter, or any term, condition, or limitation of any license or registration certificate issued thereunder; or

(B) Commits any violation for which a license or registration certificate may be revoked under rules or regulations issued pursuant to this subchapter.

(2) If any violation is a continuing one, each day of the violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.

(3) The agency shall have the authority to compromise, mitigate, or remit penalties.

(4) Whenever the agency proposes to subject a person to the imposition of a civil penalty under this subsection, the agency shall notify the person in writing:

(A) Setting forth the date, facts, and nature of each act or omission with which the person is charged;

(B) Specifically identifying the particular provisions of the section, rule, regulation, order, license, or registration certificate involved in the violation; and

(C) Advising of each penalty which the agency proposes to impose and its amount.

(5) (A) The written notice shall be sent by registered or certified mail by the agency to the last known address of the person.

(B) The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the agency shall by rule or regulation prescribe, why the penalty should not be imposed.

(C) The notice shall also advise the person that upon failure to pay the civil penalty subsequently determined by the agency, if any, the penalty may be collected by civil action.

(6) (A) Upon the request of the agency, the Attorney General may institute civil action to collect a penalty imposed pursuant to this subsection.

(B) The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him or her for collection.

(7) (A) All moneys collected from civil penalties shall be paid to the Treasurer of State for deposit into the general fund.

(B) Moneys collected from civil penalties shall not be used for normal operating expenses of the agency except as appropriations are made from the general fund in the normal budgetary process.