Ariz. Admin. Code § R3-3-1010 - Calculation of Additional Penalties For Unabated Violations

A. The Assistant Director shall calculate a daily penalty for unabated violations if failure to abate a serious or nonserious violation exists at the time of reinspection. That penalty shall not be less than the penalty for the violation when cited, except as provided in subsection (C).

1. If no penalty was initially proposed, the Assistant Director shall determine a penalty. In no case shall the penalty be more than $1,000 per day, the maximum allowed by A.R.S. § 3-3113(E) .

2. The daily proposed penalty shall be multiplied by the number of calendar days that the violation has continued unabated, except for the following: The number of days unabated shall be counted from the day following the abatement date specified in the final order. It shall include all calendar days between that date and the date of reinspection, excluding the date of reinspection.

B. When calculating the additional daily penalty, the Assistant Director shall consider the extent that the violation has been abated, whether the employer has made a good faith effort to correct the violation, and it is beyond the employer's control to abate. Based on these factors, the Assistant Director may reduce or eliminate the daily penalty. Example: If three of five instances have been corrected, the daily proposed penalty (calculated as outlined in subsection (A) without regard to any partial abatement), may be reduced by the percentage of the total violations which have been corrected, in this instance, three of five, or 60%.

A. If the Director has reason to believe the cited person has failed to correct a serious or nonserious violation within the abatement period, the Director shall assess additional civil penalties on the cited person as follows:

1. The Director shall use R3-3-1007 and R3-3-1008 to calculate an additional daily penalty for each unabated violation.

2. The additional daily penalty shall neither be less than the original penalty for the cited violation or exceed $1,000 per day per violation.

3. The additional daily penalty shall be multiplied by the number of calendar days the violation has continued unabated beyond the abatement period.

B. Notwithstanding subsection (A), the Director may reduce or eliminate the additional penalty based on:

1. The extent that the violation has been abated,

2. The cited person's good faith effort in correcting the violation, and

3. Whether the abatement has not been completed because of factors beyond the cited person's reasonable control.

Notes

Ariz. Admin. Code § R3-3-1010

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