Penalties

(a) (1) Any commercial or noncommercial applicator, dealer, or pilot who violates any provision of this subchapter or the rules adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and for the second and any additional offense by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). (2) (A) Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense. (B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense. (b) No state court shall allow the recovery of damages from administrative action taken if the court finds that there was probable cause for such an action. Amended by Act 2019, No. 315,§ 1982, eff. 7/24/2019. Acts 1975, No. 389, § 19; A.S.A. 1947, § 77-269; Acts 2005, No. 1994, § 118.

(a) (1) Any commercial or noncommercial applicator, dealer, or pilot who violates any provision of this subchapter or the rules adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and for the second and any additional offense by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). (2) (A) Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense. (B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense.

(1) Any commercial or noncommercial applicator, dealer, or pilot who violates any provision of this subchapter or the rules adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and for the second and any additional offense by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000).

(2) (A) Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense. (B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense.

(A) Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense.

(B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense.

eceived a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense.

(B) An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense.

(b) No state court shall allow the recovery of damages from administrative action taken if the court finds that there was probable cause for such an action.

Amended by Act 2019, No. 315,§ 1982, eff. 7/24/2019.

Acts 1975, No. 389, § 19; A.S.A. 1947, § 77-269; Acts 2005, No. 1994, § 118.