§ 11-6-103 - Penalty -- Disposition of fines.
               	 		
11-6-103.    Penalty -- Disposition of fines.
    (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.