Arizona Laws 45-1221. Cease and desist order; temporary cease and desist order; hearing; injunctive relief
A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has violated a provision of this article or a license, rule or order issued or adopted pursuant to this article, the director may give the person written notice that the person may appear and show cause at an administrative hearing not less than thirty days from the date of service of the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear.
Terms Used In Arizona Laws 45-1221
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Dam: means any artificial barrier, including appurtenant works for the impounding or diversion of water, twenty-five feet or more in height or the storage capacity of which will be more than fifty acre-feet but does not include:
(a) Any barrier that is or will be less than six feet in height, regardless of storage capacity. See Arizona Laws 45-1201
- Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, company or district. See Arizona Laws 45-1201
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
B. If the director finds that a person is constructing, reconstructing, enlarging, repairing, altering, removing or using a dam without having first obtained the necessary approval of the director, the director may issue a temporary order for the person to cease and desist the construction, reconstruction, enlargement, repair, alteration, removal or use pending final action by the director pursuant to subsection C of this section. The order shall include written notice to the person of the date and time when and place where the person may appear at an administrative hearing to show cause why the temporary order should be vacated. The hearing shall be held within fifteen days of the date of the order unless the person consents to a longer period.
C. The decision and order of the director under subsections A and B of this section may take such form as the director determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, the recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in the superior court in the county in which the violation is alleged to have occurred.
D. If the person continues the violation after the director has issued a final decision and order pursuant to subsection C of this section or a temporary order pursuant to subsection B of this section, the director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
E. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.