(a) (1) Any person, firm, corporation, partnership, association, parent, guardian, or custodian who employs or permits or suffers any child to be employed or to work in violation of this subchapter or §§ 11-12-101 -- 11-12-105, or any regulations issued thereunder, shall be subject to a civil penalty of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000) for each violation.
(2) Each day the violation continues shall with respect to each child so employed or permitted work constitute a separate offense.
(b) The Director of the Department of Labor shall determine the amount of such penalty and shall consider the appropriateness of such penalty to the size of the business and the gravity of the violation.
(c) The determination by the director shall be final unless within fifteen (15) days after receipt of notice thereof by certified mail, the person, firm, corporation, partnership, or association charged with the violation notifies the director in writing that he or she contests the proposed penalty. In the event that penalty is contested, a final determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(d) The amount of penalty when finally determined may be recovered in a civil action brought by the director in a court of competent jurisdiction, without paying costs or giving bond for costs.
(e) Sums collected under this section shall be paid into the Department of Labor Special Fund.
(f) Assessment of a civil penalty by the director shall be made no later than two (2) years from the date of the occurrence of the violation.
(g) In addition to the civil penalty provided by this section, the director is authorized to petition any court of competent jurisdiction, without paying costs or giving bond for costs, to enjoin or restrain any person, firm, corporation, partnership, or association who violates the provisions of this subchapter or §§ 11-12-101 -- 11-12-105, or any regulation issued thereunder.
Section: Previous 11-6-102 11-6-103 11-6-104 11-6-105 11-6-106 11-6-107 11-6-108 11-6-109 11-6-110 11-6-111 11-6-112 11-6-113 11-6-114 11-6-115 NextLast modified: November 15, 2016