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Ex. DUT-AR-003 Standing duty Primary source read

Ark. Code Ann. 20-7-101, Violations -- Penalties

Ark. Code Ann. 20-7-101. Violations -- Penalties (misdemeanor for violating the act or any order or rule under it; each day a separate offense; civil penalty up to $1,000 per violation of a Board rule or permit condition)

General Assembly of Arkansas (Acts 1913, No. 96, sec. 28) · Arkansas (State)

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The record

Jurisdiction
Arkansas
Level
State
Authority
Police power of the State; Act 96 of 1913
Issued
2021-03-18 Mar. 18, 2021
Effective
standing (read as 2021-03-18)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 18, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • persons generally; every firm, person or corporation, including employers and permit holders
Character
order penalty
Collection
Standing duties: Arkansas DUT-AR

Operative words

(a)(1) Every firm, person, or corporation violating any of the provisions of this act or any of the orders or rules issued in accordance with this act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both. (2) Each day of violation shall constitute a separate offense.

Penalty

Misdemeanor: fine $100-$500 or imprisonment up to one month, or both; each day a separate offense; civil penalty up to $1,000 per violation (each day a separate violation) after opportunity for hearing

What it required

Makes every violation of Act 96 of 1913 or of any order or rule of the State Board of Health / Department of Health (including the Secretary of Health's COVID-19 directives, as every executive order from EO 20-13 recited) a misdemeanor, with each day of violation a separate offense (subdiv. (a)(2)), and authorizes a civil penalty of up to $1,000 for each violation of a Board rule or of any license, permit or registration condition (subsec. (b)).

Retrieval note

FindLaw text 'Current as of March 28, 2024' shows subsec. (a) as amended by Act 401 of 2021 ('issued in accordance with this act is guilty of a misdemeanor'; patron-behavior carve-outs (a)(3)-(5)); the 2020 wording quoted here is the pre-amendment text as reprinted with strike-through in Act 401 (Ex. DUT-AR-006) and in the Official Code of Arkansas Annotated, Release 78 (Nov. 6, 2020), UniCourt copy, read online. Recited verbatim in EO 20-13 par. 13 (Ex. AR-003), EO 20-25 par. 16 (Ex. AR-005), EO 20-37 par. 7 (Ex. AR-007) and the renewals (Ex. AR-010 to AR-013).