title-2-part-101•2 CAR Part 101 — Bureau of Standards Enforcement Response Rule
2 CAR Part 101 — Bureau of Standards Enforcement Response Rule
title-2-part-1012 CAR pt. 101Regulation
Chapter II
Subchapter D
Subpart 1
2 CAR § 101-101 Statement of purpose {#sec-2-car-101-101 omnilex-key=us-ar-regs-official--title-2-part-101--2 CAR § 101-101}
2 CAR § 101-101. Statement of purpose.
(a)(1) Establishing measurement, packaging, quality, and advertising requirements provides a system of weights and measures to ensure that equity and fairness prevail in all commercial transactions within the marketplace.
(2) This will ensure that uniformity and accuracy will benefit and protect both buyers and sellers in the commercial transactions.
(b) The purpose of this part is to provide a fair and consistent mechanism by which compliance with the Arkansas Uniform Weights and Measures Law, Arkansas Code § 4-18-301 et seq., the Engine Fuels and Lubricants Law, Arkansas Code § 4-108-201, et seq., the Arkansas Catfish Marketing Act of 1975, Arkansas Code § 20-61-201 et seq., the Arkansas foreign fish law, Arkansas Code § 20-61-101, the Arkansas Catfish – Identification by Restaurants law, Arkansas Code § 20-61-301 et seq., and rules pursuant thereto shall be achieved.
2 CAR § 101-102 Definitions {#sec-2-car-101-102 omnilex-key=us-ar-regs-official--title-2-part-101--2 CAR § 101-102}
2 CAR § 101-102. Definitions.
As used in this part:
(1)(A) “Level of enforcement” means the category by which a violation is considered a first, second, or third offense.
(B) For a violation to be considered a subsequent offense, it must be a repeat of a violation for which previous enforcement action has been taken by the State Plant Board.
(C) The previous violation or violations must have occurred within the past three (3) years;
(2) “Minor violation” means a violation which does not:
(A) Involve public health or safety;
(B) Endanger the environment; or
(C) Cause financial harm to any party;
(3) “Major violation” means a violation that:
(A) Affects public health, safety, or the environment;
(B) Causes financial harm to any party; or
(C) Creates a competitive advantage in the marketplace; and
(4) “Respondent” means an owner or operator, manufacturer, firm, or individual charged with a violation of the acts enforced or regulated by the Arkansas Bureau of Standards, a division of the State Plant Board.
2 CAR § 101-103 Enforcement actions {#sec-2-car-101-103 omnilex-key=us-ar-regs-official--title-2-part-101--2 CAR § 101-103}
2 CAR § 101-103. Enforcement actions.
Under the Arkansas Code, the State Plant Board has several options for enforcement action:
(1)(A) Stop use/stop sale.
(B) The stop-use or stop-sale of a noncompliant commodity or commercial device will remain in effect until the violation is corrected.
(C) A release from a stop-sale or stop-use order will be awarded only after final disposition has been agreed upon by the Director of the Arkansas Bureau of Standards;
(2)(A) Warning letter.
(B) For minor, first level violations, the Director of the Arkansas Bureau of Standards will issue a warning letter.
(C) The letter will cite the specific violation.
(D) The letter may also identify any corrective action that may be needed and notify the respondent that additional violations will result in more severe enforcement action;
(3)(A) Informal agreement.
(B) Board staff may meet with the respondent in an informal hearing to review the alleged violation or violations.
(C) The purpose of the informal hearing is to resolve a complaint or incident.
(D) The group will seek consensus on an appropriate enforcement action for recommendation to the Bureau of Standards Committee of the board.
(E) Enforcement action based on the Penalty Matrix, see Appendix A, will include:
(i) Civil penalty; and/or
(ii) Registration:
(a) Suspension;
(b) Revocation; or
(c) Nonrenewal.
(F) If the respondent does not agree with the allegations of staff, the respondent may request a formal committee hearing.
(G) The board acts on all recommendations resulting from the informal hearing;
(4)(A) Civil penalty.
(B) The amount is assessed by the board in accordance with the Penalty Matrix.
(5)(A) Board/committee hearing.
(B) If the respondent chooses to bypass the informal hearing process, or if an agreement is not reached during the informal hearing, a hearing will be held by the Bureau of Standards Committee of the board.
(C) Enforcement action may include:
(i) Civil penalty; and/or
(ii) Registration:
(a) Suspension;
(b) Revocation; or
(c) Nonrenewal.
(D)(i) Following the committee hearing, a written findings of fact, conclusions of law, and recommendation will be submitted to the board.
(ii) The board will act on all recommendations of the committee.
(E) The director and board will follow the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., in the proceedings (notice and hearings);
(6)(A) Restraining order and injunction.
(B) The Director of the State Plant Board is authorized to apply to any court of competent jurisdiction for a restraining order or a temporary or permanent injunction restraining any person from violating any provision of this part, see Arkansas Code §§ 4-18-325, 4-108-210, 20-61-203, and 20-61-301; and
(7)(A) Suspension or revocation of registration under Arkansas Code § 4-18-344.
(B) The director may suspend or revoke the certificate of registration of a registered service agent for violating any provision of this part.
(C) If the registration of a registered service agent has been suspended or revoked, then the service agent may not register with the bureau as a service agent for at least one (1) year.
(D) When the suspension or revocation of a certificate is proposed, the director and board will follow the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., in the proceedings (notice and hearings).
2 CAR § 101-104 Investigations {#sec-2-car-101-104 omnilex-key=us-ar-regs-official--title-2-part-101--2 CAR § 101-104}
2 CAR § 101-104. Investigations.
(a) An investigation will be initiated when:
(1) Routine compliance inspection indicates a violation may have occurred; or
(2) A formal complaint has been made that an alleged violation has occurred.
(b) The processing sequence for a violation investigation is outlined in Figure I.
(c) Criminal penalties.
(1) Also, under the Arkansas Code, see Arkansas Code § 4-18-324, whoever intentionally commits any of the acts enumerated in Arkansas Code § 4-18-322 is guilty of a Class A misdemeanor.
(2) Also, under the Arkansas Code, (see Arkansas Code § 4-108-209), any person who intentionally violates Arkansas Code § 4-108-201 et seq., or rules promulgated thereto shall be guilty of a Class A misdemeanor.
(d) Any person who violates any provision of Arkansas Code § 20-61-201 et seq., for which no civil penalty is provided by that subchapter shall, upon conviction, be guilty of a violation and subject to a fine of not more than five hundred dollars ($500), see Arkansas Code § 20-61-203.
(e) Any person who knowingly violates any provision of Arkansas Code § 20-61-301 et seq., for which no civil penalty is provided by that subchapter, shall, upon conviction, be guilty of a violation and subject to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500) for the second and subsequent offenses.
2 CAR § 101-105 Activation of enforcement response rules {#sec-2-car-101-105 omnilex-key=us-ar-regs-official--title-2-part-101--2 CAR § 101-105}
2 CAR § 101-105. Activation of enforcement response rules.
(a) An alleged violation of law and/or rules must be documented and submitted to a supervisor on an Arkansas Bureau of Standards report to initiate enforcement action.
(b)(1) Documentation must conform to the requirements of the bureau.
(2) The sequence of events within the enforcement response rules is as follows:
2 CAR § 101-106 Internal review {#sec-2-car-101-106 omnilex-key=us-ar-regs-official--title-2-part-101--2 CAR § 101-106}
2 CAR § 101-106. Internal review.
The staff will carefully review all documentation and records to determine:
(1) That apparent violation or violations have occurred;
(2) Whether the apparent violation or violations are minor and/or major violations; and
(3) The level of enforcement based on the penalty matrix and the documented history of the respondent.
2 CAR § 101-107 Hearings {#sec-2-car-101-107 omnilex-key=us-ar-regs-official--title-2-part-101--2 CAR § 101-107}
2 CAR § 101-107. Hearings.
(a)(1) A violation will be determined by documentation of criteria as specified in the Penalty Matrix, see Appendix A.
(2) The severity and level of enforcement of a violation will be determined by the three (3) factors in 2 CAR § 101-106 as they are applied to the Penalty Matrix, see Appendix A.
(b)(1) Other extenuating/aggravating/mitigating circumstances may also be considered.
(2) The State Plant Board will take action to determine the final disposition of the case.
2 CAR § 101-108 Right of appeal {#sec-2-car-101-108 omnilex-key=us-ar-regs-official--title-2-part-101--2 CAR § 101-108}
2 CAR § 101-108. Right of appeal.
Any person who believes they have been aggrieved by any final order of the State Plant Board may obtain a judicial review by filing a petition in circuit court within thirty (30) days of the board’s final order.
2 CAR pt. 101, Appendix A Penalty Matrix {#sec-2-car-pt.-101-appendix-a omnilex-key=us-ar-regs-official--title-2-part-101--2 CAR pt. 101, Appendix A}
Penalty Matrix Appendix A Agency # 209.02 FINAL RULE
ENFORCEMENT ACTION OPTIONS
A - Stop Use/Stop Sale D - Informal Agreement G - Injunction B - Warning letter E - Board/Committee Hearing
C - Civil Penalty F - Suspension of Registration
VIOLATION Violation Level 1 st Level of Enforcement 2 nd Level of Enforcement 3 rd Level of Enforcement A.C.A. 4-18-322. Prohibited acts. No person shall:
Enforcement Action Civil Penalty Enforcement Action Civil Penalty Enforcement Action Civil Penalty Use or have in possession for use in commerce any incorrect weight or measure:
Minor Warning or Civil Penalty $100 - $600 Warning or Civil Penalty $400 - $1200 Warning or Civil Penalty $700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E,G
$400 - $1200
A,C,D,E,G
$700 - $2000 Sell or offer for sale for use in commerce any incorrect weight or measure:
Minor Warning or Civil Penalty
$100 - $600 Warning or Civil Penalty
$400 - $1200 Warning or Civil Penalty
$700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E,G
$400 - $1200
A,C,D,E,G
$700 - $2000 Remove any tag, seal, decal, or mark from any weight or measure without specific written authorization from the proper authority:
Minor Warning or Civil Penalty
$100 - $600 Warning or Civil Penalty
$400 - $1200 Warning or Civil Penalty
$700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E,G
$400 - $1200
A,C,D,E,G
$700 - $2000 Hinder or obstruct any weights and measures official or registered service agent in the performance of his or her duties:
Minor Warning or Civil Penalty
$100 - $600 Warning or Civil Penalty
$400 - $1200 Warning or Civil Penalty
$700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E,G
$400 - $1200
A,C,D,E,G
$700 - $2000 Violate any provisions of this subchapter or regulations promulgated under it:
Minor
Warning or Civil Penalty
$100 - $600
Warning or Civil Penalty
$400 - $1200
Warning or Civil Penalty
$700 - $2000
Major
A,C,D,E,F
$100 - $600
A,C,D,E,F
$400 - $1200
A,C,D,E,F,G
$700 - $2000 Sell or offer for sale any weight or measure for use in commerce, unless it bears an Arkansas Bureau of Standards approved seal or decal, if the seal or decal is applicable to the weight or measure:
Minor
Warning or Civil Penalty
$100 - $600
Warning or Civil Penalty
$400 - $1200
Warning or Civil Penalty
$700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E
$400 - $1200
A,C,D,E,G
$700 - $2000
Penalty Matrix Appendix A Agency # 209.02 FINAL RULE
ENFORCEMENT ACTION OPTIONS
A - Stop Use/Stop Sale D - Informal Agreement G - Injunction B - Warning letter E - Board/Committee Hearing
C - Civil Penalty F - Suspension of Registration
VIOLATION Violation Level 1 st Level of Enforcement 2 nd Level of Enforcement 3 rd Level of Enforcement A.C.A. 4-18-322. Prohibited acts. No person shall:
Enforcement Action Civil Penalty Enforcement Action Civil Penalty Enforcement Action Civil Penalty Neglect or refuse to exhibit a weight or measure under the person’s control or in the person’s possession to any weights and measures official or a registered service agent for inspection, examination, or testing as
Minor Warning or Civil Penalty $100 - $600 Warning or Civil Penalty $400 - $1200 Warning or Civil Penalty $700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E
$400 - $1200
A,C,D,E,G
$700 - $2000 Perform an annual inspection, examination, or test on a weight or measure if that person is not a weights and measures official or a registered service agent:
Minor Warning or Civil Penalty
$100 - $600 Warning or Civil Penalty
$400 - $1200 Warning or Civil Penalty
$700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E
$400 - $1200
A,C,D,E,G
$700 - $2000 Impersonate in any way the Director of the Arkansas Bureau of Standards, the deputy director, any one of the investigators, or a registered agent of the Arkansas Bureau of Standards by the use of a seal or decal, or in any other manner:
Minor Warning or Civil Penalty
$100 - $600 Warning or Civil Penalty
$400 - $1200 Warning or Civil Penalty
$700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E
$400 - $1200
A,C,D,E,G
$700 - $2000 Violate any provision of this subchapter or rules promulgated under A.C.A. 4- 18-328:
Minor Warning or Civil Penalty
$100 - $600 Warning or Civil Penalty
$400 - $1200 Warning or Civil Penalty
$700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E
$400 - $1200
A,C,D,E,G
$700 - $2000 A person may be prosecuted for a violation of this subchapter notwithstanding the existence of any other valid general or specific act of this state dealing with matters that may be the same as or similar to those covered by this subchapter:
Minor
Warning or Civil Penalty
$100 - $600
Warning or Civil Penalty
$400 - $1200
Warning or Civil Penalty
$700 - $2000
Major
A,C,D,E
$100 - $600
A,C,D,E
$400 - $1200
A,C,D,E,G
$700 - $2000
Penalty Matrix Appendix A Agency # 209.02 FINAL RULE
ENFORCEMENT ACTION OPTIONS
A - Stop Use/Stop Sale D - Informal Agreement G - Injunction B - Warning letter E - Board/Committee Hearing
C - Civil Penalty F - Suspension of Registration
VIOLATION Violation Level 1 st Level of Enforcement 2 nd Level of Enforcement 3 rd Level of Enforcement A.C.A. 4-108-207 Prohibited Acts
Enforcement Action Civil Penalty Enforcement Action Civil Penalty Enforcement Action Civil Penalty Represent engine fuels, petroleum products, or automotive lubricants in any manner that may deceive or tend to deceive the purchaser as to the nature, brand, price, quantity, or quality of the products:
Minor Warning or Civil Penalty $100 - $300 Warning or Civil Penalty $400 - $600 Warning or Civil Penalty $700 - $1000
Major
A,C,D,E
$100 - $300
A,C,D,E,G
$400 - $600
A,C,D,E,G
$700 - $1000 Fail to register an engine fuel designed for special use:
Minor Warning or Civil Penalty $100 - $300 Warning or Civil Penalty $400- $600 Warning or Civil Penalty $700 - $1000
Major
A,C,D,E,F
$100 - $300
A,C,D,E,F,G
$400 - $600
A,C,D,E,F,G
$700 - $1000 Submit incorrect, misleading, or false information regarding the registration of an engine fuel designed for special use:
Minor Warning or Civil Penalty $100 - $300 Warning or Civil Penalty $400 - $600 Warning or Civil Penalty $700 - $1000
Major
A,C,D,E
$100 - $300
A,C,D,E
$400 - $600
A,C,D,E,G
$700 - $1000 Hinder or obstruct the State Plant Board in the performance of its duties:
Minor Warning or Civil Penalty
$100 - $300 Warning or Civil Penalty
$400 - $600 Warning or Civil Penalty
$700 - $1000
Major
A,C,D,E
$100 - $300
A,C,D,E
$400 - $600
A,C,D,E,G
$700 - $1000 Represent an engine fuel, petroleum product, or automotive lubricant that is contrary to the provisions of this subchapter:
Minor Warning or Civil Penalty
$100 - $300 Warning or Civil Penalty
$400 - $600 Warning or Civil Penalty
$700 - $1000
Major
A,C,D,E
$100 - $300
A,C,D,E
$400 - $600
A,C,D,E,G
$700 - $1000 Represent automotive lubricants with a Society of Automotive Engineers viscosity grade or American Petroleum Institute service classification other than those specified by the intended purchaser:
Minor Warning or Civil Penalty
$100 - $300 Warning or Civil Penalty
$400 - $600 Warning or Civil Penalty
$700 - $1000
Major
A,C,D,E
$100 - $300
A,C,D,E
$400 - $600
A,C,D,E,G
$700 - $1000 Violate any regulation promulgated under A.C.A. 4- 108-212
Minor Warning or Civil Penalty
$100 - $300 Warning or Civil Penalty
$400 - $600 Warning or Civil Penalty
$700 - $1000
Major
A,C,D,E
$100 - $300
A,C,D,E
$400 - $600
A,C,D,E,G
$700 - $1000
Penalty Matrix Appendix A Agency # 209.02 FINAL RULE
VIOLATION Violation Level 1 st Level of Enforcement 2 nd Level of Enforcement 3 rd Level of Enforcement A.C.A. 20-61-101 Penalties “Foreign Fish Act”
Enforcement Action Civil Penalty Enforcement Action Civil Penalty Enforcement Action Civil Penalty A.C.A. 20-61-101
Any violator of this section shall be assessed by the State Plant Board a civil penalty:
Major
A,C,D,E,G
$100 - $300
A,C,D,E,G
$400 - $600
A,C,D,E,G
$700 - $1000 A.C.A 20-61-203 Penalties
“Arkansas Catfish Marketing Act”
Any violation of this subchapter shall be assessed by the State Plant Board a civil penalty.
The director is authorized to seek an injunction for a violation of A.C.A 20-61-203.
Major
A,C,D,E,G
$500 - $1000
A,C,D,E,G
$800 - $2000
A.,C,D,E,G
$1500 - $2500 A.C.A. 20-61-301
“Subchapter 3 – Catfish – Identification by Restaurants”
Any violation of this subchapter shall be assessed by the State Plant Board a civil penalty.
The director is authorized to seek an injunction for a violation of A.C.A 20-61-301.
Major
A,C,D,E,G
$50
A,C,D,E,G
$50-$500
A,C,D,E,G
$50-$500
ENFORCEMENT ACTION OPTIONS
A - Stop Use/Stop Sale D - Informal Agreement G - Injunction B - Warning letter E - Board/Committee Hearing
C - Civil Penalty F - Suspension of Registration
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