Current with legislation from 2024 Fiscal and Special Sessions.
Section 17-101-311 - Civil penalty - Appeals and disposition of funds(a)(1) Whenever the Arkansas Livestock and Poultry Commission determines that any provision of this chapter or any rule promulgated by the commission under this chapter has been violated, the commission may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation.(2) The commission may file an action in the Pulaski County Circuit Court to collect any civil penalty not paid within thirty (30) days of service of the order assessing the penalty, unless the circuit court enters a stay of the commission's order.(3) If the commission prevails in the action, the defendant shall be directed to pay reasonable attorney's fees and costs incurred by the commission in prosecuting the action in addition to the civil penalty.(b) Any person aggrieved by the action of the commission imposing civil penalties may appeal the decision in the manner and under the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for appeals from administrative decisions.(c) All funds derived from civil penalties imposed by the commission shall be deposited into one (1) or more depositories qualifying for the deposit of public funds. The funds shall be used by the commission for administering the provisions of this chapter.Amended by Act 2023, No. 691,§ 168, eff. 7/1/2023.Amended by Act 2019, No. 315,§ 1665, eff. 7/24/2019.Acts 1987, No. 774, §§ 2-4; 1993, No. 1198, § 1; 1995, No. 1348, § 6.