Section R9-2-112. Criteria for Issuing a Notice of Violation or Notice of Assessment

In determining whether to issue a notice of violation under A.R.S. § 36-601.01(G)(5), whether to issue a notice of assessment under

A.R.S.  § 36-601.01(G)(6), or the amount of a civil penalty that is being assessed, the Department or the Department’s designee shall consider:

1.        The seriousness of the violation;

2.        Any economic benefit that results from the violation;

3.        The duration of the violation;

4.        The previous violations of A.R.S. § 36-601.01 at the place of employment or public place, including:

a.         The type and severity of any previous violation,

b.        The number of individuals affected by the previous violations,

c.         The total number of previous violations, and

d.        The length of time from the first violation to the cur- rent violation;

5.        Any good faith efforts to comply with the requirements of

A.R.S. § 36-601.01, including:

a.         Reporting  violations  to  the  Department  or  the Department’s designee; and

b.        Meeting the requirements of A.R.S. § 36-601.01(I) by:

i.         Informing an individual who is smoking that smoking is illegal, and

ii.        Requesting  that   the  individual   immediately stop the illegal smoking; and

6.        Other factors affecting the public health and safety the Department or the Department’s designee deems rele- vant.

Historical Note

New Section made by exempt rulemaking at 13 A.A.R.

1512, effective May 1, 2007 (Supp. 07-2).

Note

Editor’s Note: The following Section was adopted and amended under an exemption from the provisions of the Adminis- trative Procedure Act which means that these rules were not reviewed by either the Governor’s Regulatory Review Council; the agency did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; and the agency was not required to hold public hearings

Adopted effective August 30, 1995, under an exemption

from A.R.S. Title 41, Chapter 6, pursuant to Laws 1995, Ch. 275, § 9. (Supp. 95-3). Amended effective October

20, 1995, under an exemption from A.R.S. Title 41,

Chapter 6, pursuant to Laws 1995, Ch. 275, § 9 (Supp. 95-4). Section expired under A.R.S. § 41-1056(E) at 7

A.A.R. 3844, effective July 30, 2001 (Supp. 01-3).

Editor’s Note: The following Section was adopted, repealed, renumbered, and amended under an exemption from the provi- sions of the Administrative Procedure Act which means that these rules were not reviewed by either the Governor’s Regulatory Review Council; the agency did not submit notice of proposed rulemaking to the Secretary of State for publication in the Ari- zona Administrative Register; and the agency was not required to hold public hearings on these rules.