(a) A person who violates a provision of § 23-15-209 or a rule issued under this subchapter is subject to a civil penalty not to exceed:
(1) Two hundred thousand dollars ($200,000) for each day that the violation persists;
(2) Two million dollars ($2,000,000) for any related series of violations.
(b) Any such civil penalty may be compromised by the Arkansas Public Service Commission.
(c) In determining the amount of the penalty or the amount agreed upon in compromise,
the appropriateness of the penalty to the size of the business of the person charged,
the gravity of the violation, and the good faith of the person charged in attempting
to achieve compliance, after notification of a violation, shall be considered.
(d) Proceedings under this section shall be subject to the Arkansas Administrative
Procedure Act, § 25-15-201 et seq.
(e) Any penalty imposed under this section, if not promptly paid to the commission,
shall be recovered with interest thereon from the date of the order in a civil action
brought by the commission.
(f) Any civil penalty collected and imposed under this section shall be paid to the
secretary of the Arkansas Public Service Commission.
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