Ariz. Admin. Code § 9-7-1216

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Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-7-1216 - Civil Penalties

A. Except as augmented by R9-7-1217, the schedule of civil penalties is as follows:

1. Severity level I violations:

a. Division I registration or license -- $4,000;

b. Division II registration or license -- $3,000;

c. Division III registration or license -- $2,000.

2. Severity level II violations:

a. Division I registration or license -- $3,000;

b. Division II registration or license -- $2,000;

c. Division III registration or license -- $1,000.

3. Severity level III violations:

a. Division I registration or license -- $2,000;

b. Division II registration or license -- $1,000;

c. Division III registration or license -- $500.

4. Severity level IV violations:

a. Division I registration or license -- $1,000;

b. Division II registration or license -- $500;

c. Division III registration or license -- $250.

5. Severity level V violations:

a. Division I registration or license -- $500,

b. Division II registration or license -- $250,

c. Division III registration or license -- $125.

B. Payment of civil penalties for severity level I and severity level II violations may not be avoided merely by rectifying the condition; however, the Board may mitigate or waive the penalty upon determining a violation meets all of the following:

1. It was not a violation that could reasonably be expected to have been prevented by the licensee's or registrant's corrective action for a previous violation or a previous licensee or registrant finding;

2. It was or will be corrected within the time given for corrections, by specific corrective action committed to by the licensee or registrant by the end of the inspection, which includes immediate and comprehensive measures to prevent recurrence;

3. It was not a willful violation.

C. The Director or Board shall waive payment of penalties for severity level III through severity level V violations provided:

1. The violation is not subject to augmentation under R9-7-1217; and

2. The registrant or licensee submits a timely and adequate response to the notice; rectifies the conditions which appear to have caused the violation; and complies with the Act, 9 A.A.C. 7, registration, and license conditions.

Ariz. Admin. Code § R9-7-1216

New Section R9-7-1216 recodified from R12-1-1216 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).