1. A. During a routine inspection, reinspection or for cause inspection, if the inspector observes conditions indicating the regulated person has been previously notified of the same or similar violation, the inspector may take any of the following actions:

   1. 1. Discuss observed conditions with the regulated person;
   2. 2. Document findings on the inspection form;
   3. 3. Determine a timeline for corrective actions and preventative measures; or
   4. 4. Forward the findings to the Associate Director to determine if any other enforcement action is necessary.

2. B. The Department may assess a penalty for a repeat significant or major violation within three years from the date the first same or similar violation occurred. The amount of the penalty shall be progressively graduated and shall be based on the nature and urgency of the violation and the risk to public health and safety as follows:

   1. 1. For a first repeat significant violation, up to $100;
   2. 2. For a second repeat significant violation, up to $200;
   3. 3. For a subsequent repeat significant violation, up to $400;
   4. 4. For a second repeat major violation, up to $50; and
   5. 5. For a subsequent repeat major violation, up to $100.

3. C. The Department may assess a penalty for a third or subsequent repeat minor violation of the same or similar type within three years from the date the first same or similar violation occurred as follows:

   1. 1. For a third repeat minor violation, up to $25; and
   2. 2. For a subsequent repeat minor violation, up to $50.

Historical Note

New Section made by exempt rulemaking at 26 A.A.R. 681, effective August 19, 2019; filed in the Office March 27, 2020 (Supp. 20-1).