Section R2-20-217. Enforcement Proceedings

A.      Upon a finding of probable cause that the alleged violator remains out of compliance, the Executive Director may rec- ommend to the Commission that the Commission authorize the issuance of an order and assessment of civil penalties pur- suant to A.R.S. § 16-957(B).

B.       The Commission may, by an affirmative vote of at least three of its members, authorize the Executive Director to issue an order and assess civil penalties pursuant to A.R.S. § 16- 957(B).

C.      Subsections (A) and (B) of this rule shall not preclude the Commission, upon request of a respondent, from entering into a conciliation agreement pursuant to R2-20-216 even after the Commission authorizes the Executive Director to issue an order and assess civil penalties pursuant to subsection (B). Any conciliation agreement reached under this subsection is subject to the provisions of R2-20-216(B) and shall have the same force and effect as a conciliation agreement reached under R2-20-216(D).

Historical Note

New Section made by exempt rulemaking at 8 A.A.R.

588, effective November 27, 2001 (Supp. 02-1).

Amended by exempt rulemaking at 9 A.A.R. 3511, effec- tive May 21, 2002 (Supp. 03-3). Amended by exempt

rulemaking at 11 A.A.R. 4518, effective May 28, 2005 (Supp. 05-4). Amended by exempt rulemaking at 12

A.A.R. 758, effective February 15, 2006 (Supp. 06-1).