Ariz. Admin. Code § R3-7-104 - Administrative Enforcement Action
D.
The Division shall suspend, revoke, or refuse to
renew any license if the licensee does not comply with an enforcement action
imposed under this Section.
E.
A maximum civil penalty may be doubled as stated in
A.R.S. §
3-3475(C) .
F.
Commercial device.
1. The Division may place out of
service an unlicensed commercial device that it determines has been in use for
more than 30 days.
2. The Division may confiscate a
commercial device when a person violates an administrative order related to
that commercial device, or removes a warning tag, out-of-service tag, or
stop-sale, stop-use tag issued to that commercial device without Division
authority.
3. The Division may condemn and
confiscate a weight, measure, or other commercial device that the Division
determines is incorrect and not capable of compliance with Handbook
44.
4. The Division shall issue an
out-of-service tag or a stop-sale, stop-use tag if a commercial device is not
in compliance with the requirements in A.R.S. Title 3,
Chapter 19, Handbook 44 or this Chapter and the lack
of compliance creates a situation favorable to the person who owns or operates
the commercial device.
a. A person shall not use a
commercial device that has an out-of-service tag until the person repairs the
commercial device.
b. A person shall not sell or use
a commercial device that has a stop-sale, stop-use tag until the commercial
device meets the
requirements of A.R.S. Title 3,
Chapter 19, Handbook 44, and this Chapter.
5. The Division shall issue a
warning tag when a commercial device is not in compliance with the requirements
in A.R.S. Title 3, Chapter 19, Handbook 44, or this Chapter and the lack of
compliance creates a situation favorable to the consumer. The Division shall
issue an out-of-service tag if the commercial device is not repaired by the
deadline on the warning tag. A person shall not use a commercial device after
the period specified on the warning tag for repair unless the commercial device
complies with A.R.S. Title 3, Chapter 19, Handbook 44, and this
Chapter.
6. The Division may issue an
out-of-service tag if a commercial device does not have a non-tampering seal
affixed.
7. The Division shall issue an
out-of-service tag if a Division inspector cannot conduct an inspection of a
commercial device because of malfunction, abnormal performance, or a potential
safety risk that the person who owns or operates the commercial device does not
correct within 30 minutes of the attempted inspection.
8. The Division shall issue an
out-of-service tag if a commercial device cannot begin weighing, measuring,
metering, or counting at zero as prescribed in Handbook 44.
9. The Division shall issue a
warning tag if the manufacturer's plate on a commercial device does not contain
the information required by Handbook 44, is missing, or is unreadable. The
Division shall issue an out-of-service tag if the person who owns or operates a
commercial device does not obtain a compliant manufacturer's plate by the
30-day deadline imposed on the warning tag.
10. The Division shall issue a
warning tag to a person who did not construct a large-scale approach according
to Handbook 44. The Division shall issue a stop-sale, stop-use tag if the
large-scale approach is not made compliant by the deadline imposed on the
warning tag.
11. In addition to any enforcement
action under subsections (F)(1) through (10):
a. If the Division finds during an
inspection that a commercial device does not comply with the requirements of
A.R.S. Title 3, Chapter 19, or this Chapter and the lack of compliance favors
the owner or operator of the commercial device:
i. The Division may impose a civil
penalty up to $300 on the person who owns or operates the commercial device;
and ii. The Division may impose a civil penalty up to $500 on the person who
owns or operates the commercial device for each reinspection until the
commercial device is in compliance.
b. If the Division finds during an
inspection that a person who weighs a product on a commercial device violates
Handbook 44 or does not post rates according to Handbook 44 or this
Chapter:
i. The Division may issue an
administrative order to the person at the conclusion of the inspection and
impose a civil penalty up to $300; and
ii. The Division may issue an
administrative order to the person and impose a civil penalty up to $500 at
each reinspection until the person complies with Handbook 44 and this
Chapter.
G. Public and deputy public weighmaster.
1. The Division may issue an
administrative order if a public weighmaster's:
a. Weigh tickets are not in
numbered sequence or are missing,
b. The seal, press, or electronic
seal is not readable, or
c. Records are not maintained
according to
R3-7-505 .
2. The Division may issue an
administrative order and impose a civil penalty up to $500 on a public
weighmaster if:
a. The public weighmaster's weigh
tickets contain inaccurate information,
b. The public weighmaster violates
an administrative order,
c. The public weighmaster misuses
a seal or press or has an unauthorized seal or press; or
d. The public weighmaster misuses
an electronic seal or signature.
3. The Division shall confiscate a
seal or press if a public weighmaster violates an administrative order issued
to the public weighmaster.
4. The Division shall suspend,
revoke, or refuse to renew a license if a public weighmaster does not comply
with an enforcement action under this Section.
5. The Division shall issue an
administrative order and a civil penalty up to $300 to a person who performs
public weighmaster duties without a license.
6. If a public weighmaster permits
an unlicensed person to perform deputy public weighmaster duties, the Division
may:
a. Impose a civil penalty up to
$300 on the public weighmaster for the first time the public weighmaster
permits an unlicensed person to perform deputy public weighmaster
duties;
b. Impose a civil penalty up to
$500 on a public weighmaster for the second time the public weighmaster permits
an unlicensed person to perform deputy public weighmaster duties;
and
c. Confiscate the public
weighmaster's records, equipment, and devices if the public weighmaster permits
an unlicensed person to perform deputy public weighmaster duties more than
twice.
H. Packaging.
1. The Division shall issue an
administrative order to an owner or an employee of the owner where a package
inspection is held if a package is not in compliance with a requirement in
Handbook 130 or Handbook 133. The person to whom the administrative order is
issued shall correct the package violation by:
a. Returning the package to the
packer or manufacturer,
b. Labeling the package to reflect
its correct quantity,
c. Placing a notice on the package
that states the violation, and pricing the package to reflect its correct
quantity, or
d. Repackaging the commodity so
the package contains the quantity represented.
2. In addition to an
administrative order, the Division may impose a civil penalty up to $500 per
lot on a person who violates a requirement in Handbook 130 or Handbook
133.
I. Price verification.
1. The initial inspection of a
retail location for price verification is for educational purposes and an
enforcement action will not be imposed for a violation identified during the
initial inspection.
2. The Division shall issue a
stop-sale, stop-use tag to a person who fails a price verification inspection
or reinspection if a pricing violation cannot be corrected within 30 minutes of
the Division completing the inspection.
a. The Division may impose a civil
penalty up to $100 per violation on a person who fails a reinspection if the
Division finds more than one item at more than its posted
price.
b. The Division may impose a civil
penalty up to $200 per violation on a person who fails a second reinspection.
The Division shall increase the per violation civil penalty imposed by $100 for
each subsequent reinspection until the violation is corrected.
3. If the Division receives and
substantiates a complaint about a person against whom the Division took an
administrative enforcement action under subsection (I)(2) within the 60 days
before the date of the complaint, the Division shall issue a stop-sale, stopuse
tag and impose a civil penalty that is $100 more than the civil penalty that
the Division previously imposed against this per-
4. The Division may issue a
warning tag to a person who does not have a written price-error policy. The
Division may impose a civil penalty up to $500 if the person does not have a
written price-error policy upon reinspection.
5. The Division shall issue a
warning tag to a person who does not have a price display visible to the
consumer at a check-out location. The Division shall issue an out-of-service
tag if the person does not have a price display visible to the consumer at a
checkout location upon reinspection.
J. Price posting.
1. The initial inspection of a
retail location for price posting is for educational purposes and an
enforcement action will not be imposed for a violation identified during the
initial inspection.
2. The Division shall issue a
stop-sale, stop-use tag to a person who fails a price posting inspection if the
violation cannot be corrected within 30 minutes of the Division completing the
inspection.
3. The Division may impose a civil
penalty up to $50 for each inspected lot not priced if a person fails a
reinspection with a score of less than 96 percent.
4. The Division may impose a civil
penalty up to $100 for each inspected lot not priced if a person fails a second
reinspection.
5. If the Division receives and
substantiates a complaint about a person against whom the Division took an
administrative enforce
ment action under subsection
(J)(2) within the 60 days before the date of the complaint, the Division shall
issue a stop-sale, stopuse tag and impose a civil penalty that is $100 more
than the civil penalty that the Division previously imposed against this
per
K. Fuel quality and labeling.
1. The Division shall issue a
warning tag to a person whose fuel dispenser labeling violates A.R.S. Title 3,
Chapter 19, or this Chapter. The Division shall issue an out-of-service tag to
the person if the person does not correct the fuel dispenser labeling violation
within the time specified on the warning tag.
2. The Division may issue an
administrative order to a person whose fuel storage tank labeling or external
street signage violates A.R.S. Title 3, Chapter 19, or this Chapter. The
Division may impose a civil penalty up to $300 if the person does not correct
the labeling or signage violation within the time specified in the
administrative order.
3. The Division may issue an
administrative order to, and impose a civil penalty up to $500 per octane level
or fuel grade to a person who violates a fuel-quality requirement under A.R.S.
Title 41, Chapter 15, or this Chapter. The person shall correct the violation
by:
a. Removing non-compliant motor
fuel from the storage tank and replacing it with compliant motor
fuel,
b. Selling the motor fuel at the
correct octane level,
c. Adding sufficient compliant
motor fuel to the storage tank to bring the motor fuel in the storage tank into
compliance,
d. Removing all water from the
storage tank or emptying the tank per
R3-7-711 or
R3-7-712, or
e. Removing the non-compliant
motor fuel to another area within the state if the motor fuel complies with
specifications of that area.
4. The Division may issue an
administrative order to a person who does not provide requested product
transfer documentation within 24 hours of the Division's request. The Division
may impose a civil penalty up to $300 on a person who provides the requested
documentation between 24 and 72 hours. The Division may impose a civil penalty
up to $500 on a person who does not provide the requested documentation within
72 hours.
L. Vapor recovery.
1. The Division may issue an
administrative order to stop construction at a vapor recovery site and impose a
civil penalty up to $500 on a person who:
a. Begins construction or makes a
major modification without an authority to construct plan
approval,
b. Does not comply with the
authority to construct plan approval, or
c. Does not obtain an approved
change order for construction or major modification of the vapor recovery site
unless:
i. The vapor recovery system and
its components comply with A.R.S. Title 3, Chapter 19, and this Chapter;
and
ii. The vapor recovery system
passes the required vapor recovery tests according to A.R.S. Title 3, Chapter
19, and this Chapter.
2. The Division may issue an
administrative order requiring a person to excavate a vapor recovery site if
the person covers a vapor recovery component before a Division pre-burial
inspection and may impose a civil penalty up to $500 if the excavated system
does not pass required vapor recovery tests according to A.R.S. Title 3,
Chapter 19, and this Chapter.
3. The Division shall issue an
administrative order if a person fails to ensure that a vapor recovery site
passes an initial test within 90 days of being opened or passes an annual test
within the designated test month. The Division shall issue a stop-sale,
stop-use tag if the person does not comply with the administrative
order.
4. The Division may impose a civil
penalty up to $100 on a person who does not have an authority to construct plan
approval available for inspection at the construction site during normal
business hours.
5. The Division may issue a
warning tag to a person whose vapor recovery system labeling does not comply
with R3-7-713 . The Division may issue a
stop-sale, stop-use tag and impose a civil penalty up to $500 on a person who
does not correct a labeling violation within the time specified on a warning
tag.
6. The Division shall issue a
stop-sale, stop-use tag to a person whose vapor recovery system fails a test
under R3-7-905, R3-7-910, R3-7-1005, or
R3-7-1010 . If the test failure is
isolated to a system component, the Division's stop-sale, stop-use tag shall
pertain to that component so the rest of the system may
operate.
M. The Division may impose a civil penalty up to $500 and issue
another stop-sale, stop-use tag to a person who violates a stop-sale, stop-use
tag. The Division may impose a civil penalty up to $500 and revoke, suspend, or
refuse to renew a commercial device license if a person removes a stop-sale,
stop-use tag without approval.
N. Registered service agency and registered service
representative.
1. If a registered service agency
submits to the Division an inaccurate or incomplete placed-in-service or test
report, the Division may impose a civil penalty up to $50 on the agency each
time the agency resubmits a placed-in-service or test report without making all
needed corrections.
2. The Division may impose a civil
penalty up to $300 on, a registered service
representative who incorrectly:
a. Installs a commercial
device,
b. Repairs a commercial
device,
c. Tests a vapor recovery system,
or
d. Repairs a vapor recovery
system.
3. If an unlicensed person
represents itself as a registered service agency, the Division
may:
a. Issue an administrative
order,
b. Impose a civil penalty up to
$500 and confiscate the unlicensed person's calibration standards if the
unlicensed person violates the administrative order, and
c. Deny a registered service
agency license to the unlicensed person if the unlicensed person fails to
comply with the enforcement action under this subsection.
4. The Division may issue an
administrative order to an unlicensed person who performs the duties of a
registered service representative. The Division may impose a civil penalty up
to $300 on the registered service agency for which the unlicensed individual
works.
5. The Division may issue an
administrative order if a registered service representative places a commercial
device into service without Division authorization. The Division may impose a
civil penalty up to $500 on the registered service agency whose representative
places a commercial device into service without Division
authorization.
6. The Division may impose a civil
penalty up to $500 on a registered service agency whose registered service
representative uses a metrology standard or vapor recovery testing equipment
that is not certified according to this Chapter and, as applicable, CARB test
methods. The Division may confiscate a metrology standard or vapor recovery
testing equipment if a registered service representative uses the uncertified
standard or equipment after the registered service agency is penalized. The
Division shall return the standard or equipment when it is properly
certified.
7. The Division shall issue an
administrative order to a vapor recovery registered service agency or person
who owns a vapor recovery system that does not, according to A.R.S. Title 3,
Chapter 19, and this Chapter:
a. Notify the Division of a test
date and time,
b. Begin a test at the approved
time,
c. Appear for a witnessed
test,
d. Close a vapor recovery system
for repairs if the system fails, or
e. Perform a test.
8. The Division may impose a civil
penalty up to $300 on a vapor RSA that violates subsections (M)(7)(a), (b),
(d), or (e). The Division may impose a civil penalty up to $300 on a vapor
recovery registered service agency that violates subsection (M)(7)(c) twice in
12 months.
9. If a registered service
agency's registered service representative does not attach a non-tampering seal
on a commercial device that is equipped for a seal, the Division
may:
a. Impose a civil penalty up to
$300 on the registered service agency for the first violation,
and
b. Impose a civil penalty up to
$500 on the registered service agency for each subsequent violation by the
registered service
representative.
10. If a vapor recovery registered
service representative determines that a vapor recovery system or component is
not in compliance with A.R.S. Title 3, Chapter 19, or this Chapter, the vapor
recovery registered service representative shall:
a. Secure the non-compliant vapor
recovery system or component from use before the registered service
representative leaves the vapor recovery site or until the system or component
passes the tests required by
R3-7-910 ;
b. Notify the Division of the
secured, non-compliant vapor recovery system or component before leaving the
vapor recovery site; and
c. Notify the Division of the time
of the test required by
R3-7-910 or
R3-7-1010 by 6:00 a.m. of the day
after the non-compli-ant vapor recovery system or component is secured or one
hour before the test, whichever is sooner.
11. If a recovery registered
service representative fails to comply with
R3-7-602(B)(2) the
Division may:
a. Impose a civil penalty up to
$300 on the registered service representative;
b. Issue an administrative order,
if the registered service representative is penalized under this subsection
three times in 12 months, requiring the registered service representative to
take and pass the licensing competency examination; and
c. Suspend or revoke the license
of the registered service agency employing the registered service
representative if the registered service representative does not comply with an
order issued under subsection (M)(11)(b).
12. If a registered service
representative fails to notify the Division of a non-compliant commercial
device under
R3-7-602(B)(1)(f), the Division may impose a civil penalty up to
$300.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.