1. A. The Department may, as applicable:

   1. 1. Deny, revoke, or suspend a certificate or permit under A.R.S. § 32-2821;
   2. 2. Request an injunction under A.R.S. § 32-2825; or
   3. 3. Assess a civil money penalty under A.R.S. § 32-2821.

2. B. In determining which disciplinary action specified in subsection (A) is appropriate, the Department shall consider:

   1. 1. The type of violation,
   2. 2. The severity of the violation,
   3. 3. The danger to public health and safety,
   4. 4. The number of violations,
   5. 5. The number of individuals affected by the violations,
   6. 6. The degree of harm to an individual,
   7. 7. A pattern of noncompliance, and
   8. 8. Any mitigating or aggravating circumstances.
3. C. A certificate holder or permittee may appeal a disciplinary action taken by the Department according to A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

New Section made by final expedited rulemaking at 25 A.A.R. 2409, effective August 27, 2019 (Supp. 19-3). A.R.S. title citations corrected under subsection (A)(1) through (3) at the request of the Department in Supp. 24-1, File No. R24-47. Amended by final expedited rulemaking at 31 A.A.R. 672 (February 28, 2025), with an immediate effective date of February 4, 2025 (Supp. 25-1).