§ 17-15-203 - Duties and powers.
               	 		
17-15-203.    Duties and powers.
    (a)    (1)  The  Arkansas State Board of Architects, Landscape Architects, and Interior  Designers shall make such rules as may be desirable or necessary for the  performance of its duties and for carrying out the purposes of this  chapter,    17-35-101 et seq., and    17-36-101 et seq.
      (2)  The  board may bring suit in its proper name to enforce, or restrain the  violation of, any provision of this chapter,    17-35-101 et seq., and     17-36-101 et seq.
(b)    (1)  In  carrying into effect the provisions of this chapter,    17-35-101 et  seq., and    17-36-101 et seq., the board, under the hand of its  president and the seal of the board, may:
            (A)  Subpoena witnesses and compel their attendance; and
            (B)  Require the production of books, papers, documents, etc., in a case involving revocation of registration.
      (2)  The president or the secretary may administer oaths or affirmations to witnesses appearing before the board.
      (3)    (A)  If  a person refuses to obey a subpoena issued by the board or refuses to  testify or produce books, papers, or other documents, the board may  present its petition to a court of record, setting forth the facts.
            (B)  The  court shall, in a proper case, issue its subpoena to the person  requiring his or her attendance before the court to testify or produce  the books, papers, and documents as may be deemed necessary and  pertinent.
            (C)  A person  failing or refusing to obey the subpoena or order of the court may be  proceeded against in the same manner as for refusal to obey any other  subpoena.
(c)  The board or a  committee thereof is entitled to the services of the Attorney General  and the services of the prosecuting attorneys for the county and  district in which enforcement is required. The board may employ legal  advice necessary for the proper conduct of its affairs.
(d)    (1)  Once  a complaint has been received in the office of the board, the board  shall send notice in accordance with    25-15-208(a)(2) to the person or  entity allegedly committing the violation informing the person or entity  that if the person or entity fails to respond to the notice, the board  will hold a hearing on the alleged violation. The board shall take  appropriate action upon receiving the reply.
      (2)    (A)    (i)  After  providing notice and a hearing, the board may levy civil penalties, in  an amount not to exceed five thousand dollars ($5,000) for each  violation, against those individuals or entities found to be in  violation of this chapter,    17-35-101 et seq.,    17-36-101 et seq., or  rules promulgated thereunder.
                  (ii)  All  revenue received under this section shall be deposited into one (1) or  more financial institutions in the state and shall be used for the  purposes of defraying the expenses of the board as required for carrying  out the provisions of this chapter,    17-35-101 et seq., and     17-36-101 et seq.
                  (iii)  These  penalties shall be in addition to other penalties that may be imposed  by the board under this chapter,    17-35-101 et seq., or    17-36-101 et  seq.
                  (iv)  Unless the  penalty assessed under this section is paid within fifteen (15) days  following the date for an appeal from the order, the board shall have  the power to file suit in the Pulaski County Circuit Court to obtain a  judgment for the amount of penalty not paid.
            (B)  All actions taken by the board shall comply with the Arkansas Administrative Procedure Act,    25-15-201 et seq.