Current through Register Vol. 30, No. 50, December 13, 2024
Section R17-5-616 - Civil Penalties; HearingA. After notice and an opportunity for a hearing, the Director may impose a civil penalty pursuant to A.R.S. § 28-1465, against a manufacturer of a certified ignition interlock device for improper reporting to the Department of ignition interlock data, as defined in R17-5-601. The Director may impose and collect a civil penalty against a manufacturer of a certified ignition interlock device, who is responsible for an occurrence of improper reporting, as follows: 1. $100 for the first occurrence, but not to exceed $1,000 per series of occurrences of improper reporting on a specific date;2. $250 for the second occurrence, but not to exceed $2,500 per series of occurrences of improper reporting on a specific date; and3. $500 for the third or subsequent occurrence, but not to exceed $5,000 per series of occurrences of improper reporting on a specific date.B. The Director, on finding that a manufacturer engaged in improper reporting, shall mail a notice to the manufacturer stating that civil penalties may be imposed for improper reporting. The notice shall:1. Specify the basis for the action; and2. State that the manufacturer may, within 15 days after receipt of the notice, file a written request for a hearing with the Department's Executive Hearing Office as prescribed in 17 A.A.C. 1, Article 5.C. A manufacturer who is aggrieved by an assessment, decision, or order of the Department under A.R.S. § 28-1465 and this Section may seek judicial review under A.R.S. Title 12, Chapter 7, Article 6.D. The manufacturer shall pay the civil penalty imposed under this Section to the Department no later than 30 days after the order is final.E. If the manufacturer fails to pay the civil penalty within 30 days after the order is final, the director may file an action in the superior court in the county in which the hearing is held to collect the civil penalty.Ariz. Admin. Code § R17-5-616
New Section made by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.