Section R9-25-806. Enforcement Actions (A.R.S. §§ 36-2202(A)(4), 36-2209(A)(2), 36-2212, 36-2234(L), 41-1092.03, and 41-

1092.11(B))

A.      The Department may take an action listed in subsection (B) against a certificate holder’s certificate of registration if the certificate holder:

1.        Fails or has failed to meet the eligibility requirements of R9-25-802(B);

2.        Fails or has failed to comply with any provision in A.R.S. Title 36, Chapter 21.1;

3.        Fails or has failed to comply with any provision in this Article or Article 2 or 7 of this Chapter; or

4.        Knowingly or negligently provides false documentation or false or misleading information to the Department.

B.       The Department may take the following actions against a cer- tificate holder’s certificate of registration:

1.        After notice and an opportunity to be heard is provided under A.R.S. Title 41, Chapter 6, Article 10, revoke the certificate of registration; and

2.        In case of emergency, if the Department determines that a potential threat to the public health and safety exists and incorporates a finding to that effect in its order, immedi- ately suspend the certificate of registration as authorized under A.R.S. § 36-2234(L).

C.      In determining whether to take action under subsection (B), the Department shall consider:

1.        The severity of each violation relative to public health and safety;

2.        The number of violations relative to the transport volume of the air ambulance service;

3.        The nature and circumstances of each violation;

4.        Whether each violation was corrected and, if so, the man- ner of correction; and

5.        The duration of each violation.

Historical Note

New Section made by exempt rulemaking at 7 A.A.R. 4895, effective October 5, 2001 (Supp. 01-4). Amended by exempt rulemaking at 10 A.A.R. 239, effective Janu- ary 3, 2004 (Supp. 03-4). Section recodified to R9-25-

506 at 10 A.A.R. 4192, effective September 21, 2004 (Supp. 04-3). New Section made by final rulemaking at

12 A.A.R. 656, effective April 8, 2006 (Supp. 06-1).