SUBTITLE VII.PENALTY FOR NONCOMPLIANCESection 2107.1NoncomplianceIt shall be a violation of Ark. Code Ann. §§ 15-20-1001 et seq. and these rules for any Certified Nutrient Applicator to:
1. Provide misleading, false, or fraudulent information in applying for certification;2. Provide the Commission with any misleading, false or fraudulent application record;3. Fail to promptly provide any application record or to allow the Commission access to inspect any records required to be kept by these rules; or4. Violate any other requirement imposed by rule in this Title.Section 2107.2Review of Suspected NoncomplianceA. Upon complaint or suspicion of suspected violation of 2107.1, Commission or Conservation District staff may investigate and recommend disciplinary action to the Director. 1. Anyone providing information to the Commission about a possible violation must provide a written complaint stating the complainant'slegal name and current mailing and physical addresses. The complaint must be verified by the notarized signature of the complainant.2. Complaints are subject to the Freedom of Information Act, Ark. Code Ann. §§ 25-19-101 et seq.B. After reviewing evidence provided to him or her regarding a possible violation, the Director will determine whether there is evidence that a violation has occurred. If the Director finds that a violation occurred, the Director may issue a Warning Letter or Administrative Consent Order to the alleged violator, stating the violation and the resulting corrective or disciplinary action. If an incomplete complaint is received or the Director finds that there is not sufficient evidence of a violation, the Director will inform the complainant and alleged violator in writing.Section 2107.3Administrative PenaltiesA. Upon the first violation of these rules by a Certified Nutrient Applicator within any one-year period, the Applicator shall be issued a Warning Letter. For the second violation within any one-year period, the Director may assess not more than fifty dollars ($50) in cumulative civil penalties. Upon the third violation within any one-year period, the Director may impose a penalty not to exceed one thousand dollars ($1,000) for each violation of Ark. Code Ann. §§ 15-20-1001 et seq. and this Title. Following the third violation, the Commission may also choose to suspend, revoke, annul or withdraw the Certified Nutrient Applicator'scertification.B. A Warning Letter or Administrative Consent Order may be served by certified mail, restricted delivery, return receipt requested to the address on file with the Commission or District or by any means sufficient for service of process in a civil court action.C. The alleged violator may choose to sign an Administrative Consent Order and thereby agree to the penalties contained within the Order. The Certified Nutrient Applicator will also be deemed to have consented to the Order if he or she fails to respond and the Commission has received a certified mail receipt or other proof showing that the alleged violator was served with the Administrative Consent Order.D. If the alleged violator disputes that a violation occurred or believes the assessed penalty is too harsh, the Certified Nutrient Applicator must respond to the Administrative Consent Order within thirty (30) days by requesting a hearing before the Commission. The hearing will be conducted in accordance with Commission Rules, Title I. The Commission has the burden of proving the alleged facts and violations of law stated in the Administrative Consent Order. The Commission and the Director may issue subpoenas to any witness requiring his or her attendance and testimony before the Commission as provided in Ark. Code Ann. § 15-22-208.E. The Commission will not take final administrative action against persons accused of violating this Title or Ark. Code Ann. §§ 15-20-1001 et seq. until the accused person has executed an Administrative Consent Order or been given opportunity for a hearing to review the decision under Title I.Section 2107.4Emergency ActionIf the Commission finds that the public health, safety, or welfare imperatively requires emergency action and incorporates that finding in its order, the agency can summarily suspend, limit, or restrict certification prior to holding an adjudicative hearing, so long as an adjudicative hearing is held within ten days pursuant to Title I.
Section 2107.5Reinstatement after SuspensionNo Certified Nutrient Applicator whose certification has been suspended will be reinstated until the individual satisfies any condition imposed by the Commission or the Director as a condition of reinstatement.
Section 2107.6Re-certification after RevocationNo Certified Nutrient Applicator whose certification has been revoked will be recertified until the individual satisfies any condition imposed by the Commission or the Director as a condition of re-certification. No individual will be re-certified unless the Commission approves re-certification by a majority vote.