1. A. After the Department or the Department’s designee determines that a violation of A.R.S. § 36-601.01 has occurred, and based on the criteria in R9-2-112, the Department or the Department’s designee may send to the proprietor at the place of employment or public place a written notice of violation that includes:

   1. 1. The nature of the violation;
   2. 2. The date and time that the violation occurred;
   3. 3. The name, telephone number, and e-mail address of the Department contact person or the contact person of the Department’s designee; and
   4. 4. If a civil penalty is being assessed, a notice of assessment.

2. B. If the Department or the Department’s designee issues a notice of violation or a notice of assessment, a person to whom the notice is issued may appeal the determination that a violation has occurred or assessment of a civil penalty:

   1. 1. According to A.R.S. Title 41, Chapter 6, Article 10, if the Department made the determination or assessment; or
   2. 2. According to procedures of the Department’s designee that are consistent with A.R.S. Title 41, Chapter 6, Article 10, if the Department’s designee made the determination or assessment.

Historical Note

Adopted effective January 6, 1989 (Supp. 89-1). Repealed effective September 30, 1993, under an exemption from the provisions of the Administrative Procedure Act pursuant to Laws 1992, Ch. 301, § 61; received in the Office of the Secretary of State October 1, 1993 (Supp. 93-4). New Section made by exempt rulemaking at 13 A.A.R. 1512, effective May 1, 2007 (Supp. 07-2).