2018 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 23 - Commercial Driver License
Subchapter 2 - Commercial Driver Alcohol and Drug Testing Act
§ 27-23-209. Penalties

Universal Citation: AR Code § 27-23-209 (2018)
  • (a)

    • (1) The penalty for an Arkansas employer who knowingly fails to check the Commercial Driver Alcohol and Drug Testing Database as required under this subchapter is one thousand dollars ($1,000).

    • (2) The penalty described in subdivision (a)(1) of this section shall be assessed beginning July 1, 2008.

  • (b)

    • (1) Except as provided under subdivision (b)(2) of this section, the penalty for an Arkansas employer who knowingly hires an employee with a record of a positive alcohol or drug test in the database is five thousand dollars ($5,000).

    • (2) This subsection does not apply to an employee who has completed a treatment program or an education program prescribed by a substance abuse professional and who has been found eligible to return to duty by the employer as provided under 49 C.F.R. §§ 40.281 -- 40.313, as in effect on January 1, 2009.

  • (c) The penalty for an Arkansas employer who knowingly fails to report an occurrence regarding an alcohol or drug screening test as required under § 27-23-205(a) or § 27-23-205(b) is five hundred dollars ($500).

  • (d)

    • (1) The penalty for a consortium/third-party administrator who knowingly fails to report an occurrence regarding a drug or alcohol test result as required under § 27-23-205(c) or § 27-23-205(d) is five hundred dollars ($500).

    • (2) If the consortium/third-party administrator is out of state, the penalty under subdivision (d)(1) of this section shall be extended to the Arkansas employer that contracted with the consortium/third-party administrator.

  • (e) The penalties under this section do not apply to the State of Arkansas, an agency of the state, or a political subdivision of the state.

  • (f) Moneys collected under this section are special revenues and shall be deposited into the State Treasury to the credit of the State Highway and Transportation Department Fund.

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