1. 1. The seriousness of the violation;
2. 2. Any economic benefit that results from the violation;
3. 3. The duration of the violation;

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

   1. a. The type and severity of any previous violation,
   2. b. The number of individuals affected by the previous violations,
   3. c. The total number of previous violations, and
   4. d. The length of time from the first violation to the current violation;

5. 5. Any good faith efforts to comply with the requirements of A.R.S. § 36-601.01, including:

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

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

      1. i. Informing an individual who is smoking that smoking is illegal, and
      2. ii. Requesting that the individual immediately stop the illegal smoking; and
6. 6. Other factors affecting the public health and safety the Department or the Department’s designee deems relevant.

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:

Historical Note

New Section made by exempt rulemaking at 13 A.A.R. 1512, effective May 1, 2007 (Supp. 07-2).