(a)
(1) Every firm, person, or corporation violating any of the provisions of this act or any of the orders or rules made and promulgated in pursuance hereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both.
(2) Each day of violation shall constitute a separate offense.
(b)
(1)
(A)
(i) Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation.
(ii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.
(B) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.
(2) All fines collected under this subsection shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this section.
(3) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to fines collected under this subsection, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
(4) All rules promulgated pursuant to this subsection shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.
Structure Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 7 - State Board of Health — Department of Health
Subchapter 1 - General Provisions
§ 20-7-101. Violations — Penalties
§ 20-7-102. Members — Appointment
§ 20-7-103. Members — Officers
§ 20-7-104. Members — Compensation
§ 20-7-107. Appointment of assistant director
§ 20-7-108. Engagement of certain personnel
§ 20-7-109. Authority to regulate public health — Exceptions
§ 20-7-110. Study and prevention of diseases
§ 20-7-111. Administration of certain federal acts
§ 20-7-114. Public health laboratory
§ 20-7-115. Transportation of dead bodies
§ 20-7-117. Hospices — Definition — State Hospice Office — Creation
§ 20-7-118. Annual conference for health officers
§ 20-7-119. Identification tags and bracelets
§ 20-7-120. No right to enter home or take charge of children
§ 20-7-122. Reports for general distribution
§ 20-7-124. Disposition of certain fees
§ 20-7-125. Payment of certain salaries and expenses
§ 20-7-126. Payment of overtime for home health employees
§ 20-7-128. Maintenance fee for breath-testing instruments
§ 20-7-129. Reimbursement for certain medical supplies or services
§ 20-7-130. Recovery of expenditures for extraordinary operations
§ 20-7-131. Local control of county or city units of Department of Health
§ 20-7-132. Guidelines for cleanup of clandestine methamphetamine labs
§ 20-7-133. Child Health Advisory Committee — Creation
§ 20-7-135. Nutrition and physical activity standards — Implementation
§ 20-7-136. Statewide fluoridation program — Definition