Ariz. Admin. Code § R17-5-616 - Civil Penalties; Hearing
A.
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; and
3. $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; and
2. 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.
Notes
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