Penalties

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  1. (a)

    1. (1) Any first purchaser or other person required to pay an assessment under this subchapter who fails to pay any assessment when due shall forfeit a penalty of two percent (2%) of the assessment each month beginning the day following the date the assessment was due.

    2. (2) The penalty shall be paid to the Arkansas Soybean Promotion Board or to its designee, the Secretary of the Department of Finance and Administration, and shall be disposed of in the same manner as funds derived from the payment of an assessment as provided in this subchapter.

  2. (b) The board or its designee shall collect the penalty levied in this section, together with the delinquent assessment, by any and all of the following methods:

    1. (1) Voluntary payment by the person liable;

    2. (2) Legal proceedings instituted in a court of competent jurisdiction; or

    3. (3) Injunctive relief to enjoin any person owing the assessment or penalty from operating his or her business or engaging in business as a buyer or seller of soybeans until the delinquent assessment or penalty is paid.

  3. (c)

    1. (1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation.

    2. (2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500).


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