Ariz. Admin. Code § 14-5-116

Current through Register Vol. 30, No. 25, June 21, 2024

Section R14-5-116 - Civil Penalty

A. Any person, firm or corporation violating any provision of this Article or Order adopted pursuant to this Article pertaining to railroad safety and the transportation of hazardous materials by rail shall be subject to a civil penalty not to exceed $2,000 for each violation with each day constituting a separate violation. In no event shall the maximum civil penalty exceed $200,000 for any related series of violations. The penalties described in this subsection shall not apply to R14-5-102.

B. Any civil penalty pertaining to railroad and rail hazardous materials transportation safety may be compromised by the Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person, firm or corporation charged, the gravity of the violation and the good faith of the person, firm, or corporation charged in attempting to achieve compliance, after notification of a violation, shall be considered by the Commission. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owed by the state of Arizona to the person, firm, or corporation charged or may be recovered in a civil action in the Superior Court of the state of Arizona.

C. The Commission may avail itself of any other authority or remedies available under the Constitution of Arizona and the Arizona Revised Statutes to effect the purpose of this Article.

Ariz. Admin. Code § R14-5-116

Adopted effective May 28, 1992 (Supp. 92-2).