(a) (1) Any person who violates any provision of this subchapter or who violates any rule, regulation, or order issued under this subchapter may be assessed an administrative civil penalty by the Director of the Department of Labor in an amount not to exceed ten thousand dollars ($10,000) per violation.
(2) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment.
(b) (1) Assessment of a civil penalty by the director shall be made no later than three (3) years from the date of the occurrence of the violation.
(2) (A) In his or her discretion, the director may accept payment of assessed civil penalties in installments.
(B) The assessment by the director shall be final, unless, within twenty (20) days after service of notice thereof by certified mail, the person charged with the violation or any complainant entitled to such notice notifies the director in writing that the proposed assessment is contested.
(C) If an assessment is contested, a final administrative determination shall be made pursuant to the Arkansas Administrative Procedure Act, ยง 25-15-201 et seq.
(c) When finally determined, the amount of any assessment 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.
(d) (1) Sums collected as reimbursement for expenses, costs, and damages to the Department of Labor shall be deposited into the operating fund of the department.
(2) Sums collected as civil penalties shall be deposited into the General Revenue Fund Account of the State Apportionment Fund.
(e) Notice of any assessment by the director shall be served on any person who has made a written complaint within the past three (3) years to the department regarding the blasting operations of the person charged with the violation.
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