Ariz. Admin. Code § 3-3-1011

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-3-1011 - Repeated or Willful Violations

A. The penalty for a repeated violation shall be calculated as follows:

1. The penalty for a repeated nonserious violation shall be doubled for the first repeated violation and tripled if the violation has been cited twice before.

2. The penalty for a repeated serious violation shall be multiplied five times for the first repeated violation and seven times if the violation has been cited twice before.

3. The penalty for a repeated serious violation in which someone is disabled or killed shall be multiplied 10 times for each repeated violation.

4. A repeated violation having no initial penalty shall be assessed for the first repeated violation as determined by this Article.

5. The penalty may be multiplied by 10, not to exceed the maximum penalty, if it is justified through appropriate documentation.

B. The Assistant Director may adjust the base penalty found under R3-3-1007(D) by a multiplier up to 10 for any willful violation.

C. The Assistant Director shall not use base adjustment factors in R3-3-1008 to reduce the penalty for any serious or nonserious willfully repeated violation.

D. Repeated violations are based on prior violations occurring within the previous three years.

E. The penalty for a repeated or willful violation shall not exceed $10,000.

Ariz. Admin. Code § R3-3-1011

Adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.