§ 23-112-1020. Monetary penalty in lieu of suspension or revocation of license — Civil penalty

(a) For a monetary penalty in lieu of suspension or revocation of a license, the following apply:

1. (1)

   1. (A) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that a person holding a license under this subchapter is guilty of a violation of this subchapter or rules promulgated under this subchapter, the commission may impose a monetary penalty upon the licensee in lieu of suspension or revocation of a license.

   2. (B)

      1. (i) The commission may require the licensee to pay the monetary penalty with the sanction that the license shall be suspended until the penalty is paid.

      2. (ii) The period of suspension shall not exceed ninety (90) days from entry of the commission’s order or final order on appeal.

   3. (C) The penalty in lieu of suspension or revocation of a license may be imposed only if the commission formally finds that the public interest would not be impaired by the imposition of the penalty and the payment of the penalty will achieve the desired disciplinary results;

2. (2)

   1. (A) If the commission finds that there is sufficient cause upon which to base the revocation of a license, the amount of the monetary penalty in lieu of revocation shall not exceed ten thousand dollars ($10,000).

   2. (B)

      1. (i) If the commission finds that there is sufficient cause upon which to base the suspension of a license, the amount of the monetary penalty in lieu of suspension shall not be less than fifty dollars ($50.00) nor more than five hundred dollars ($500) per day for each day the license would otherwise be suspended.

      2. (ii) However, the amount of the penalty shall not exceed the aggregate of five thousand dollars ($5,000);

3. (3) If the commission has revoked the license because of the violation, the commission shall not impose a penalty;

4. (4) Each instance when this subchapter or a rule is violated constitutes a separate violation; and

5. (5) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the commission shall have the power to file suit in Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid.

(b) The following apply to a civil penalty:

1. (1) If after request for alternative proceedings or notice and hearing the commission finds that a person not holding a license under this subchapter is guilty of a violation of this subchapter or rules promulgated under this subchapter, the commission may impose a monetary penalty upon the person not to exceed one thousand dollars ($1,000) per violation;

2. (2) Each day of violation of this subchapter or of a rule constitutes a separate violation subjecting the person to a separate civil penalty;

3. (3) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the commission may file suit in Pulaski County Circuit Court to obtain a judgment for the amount of the penalty not paid; and

4. (4)

   1. (A) Repeated violations by a person not holding a license under this subchapter shall result in an increase in the penalty assessed by the commission.

   2. (B) As used in this subdivision (b)(4), “second violation” and “subsequent violation” mean a violation of the same nature as a previously remedied violation that occurs within five (5) years of the remedied violation by a person not holding a license under this subchapter.

   3. (C) The commission may impose a penalty not to exceed two thousand five hundred dollars ($2,500) for a second violation, with the penalty increasing in increments of two thousand five hundred dollars ($2,500) for each subsequent violation.