Arizona Laws 23-491.09. Enforcement
A. If the division, following an inspection or investigation, determines that there is reasonable cause to believe that there is a violation of a standard or regulation, the division shall issue a correction order directing any repairs, improvements, changes or additions necessary to eliminate the hazard. Each correction order shall be in writing, delivered either by mail or in person and shall contain the following:
Terms Used In Arizona Laws 23-491.09
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Authorized representative: means the elevator chief and elevator inspector employed by the division. See Arizona Laws 23-491
- Commission: means the industrial commission of Arizona. See Arizona Laws 23-491
- Director: means the director of the division of occupational safety and health. See Arizona Laws 23-491
- Division: means the division of occupational safety and health of the industrial commission. See Arizona Laws 23-491
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- operator: means an individual or organization including this state and all political subdivisions of this state who has title to, controls or has the duty to control the operation of one or more conveyances, but shall not include an individual or organization engaged in mining or metallurgical operations whose operation is subject to regulation and inspection by the state mine inspector pursuant to Title 27, Chapter 3. See Arizona Laws 23-491
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
1. A particular description of the nature of the violation, including a reference to the provision of this article or of any standard or regulation alleged to have been violated.
2. A reasonable time for the abatement of the violation.
B. No correction order may be issued after the expiration of a period of six months from the date of the inspection or investigation which produced evidence of the violation.
C. If in the opinion of the director or the director’s authorized representative the continued operation of the defective device constitutes an immediate danger to the safety of the persons operating or being conveyed by such device, the director or the director’s authorized representative may condemn such device and require it to be returned to a condition allowing safe operation before its use is resumed.
D. Upon failure of an owner or operator to comply with either the requirements of a correction order issued pursuant to subsection A or condemnation pursuant to this subsection, the commission may file an action in the superior court of the county where the violation occurred to enjoin the owner or operator from engaging in further acts in violation of the requirements of the correction order or the condemnation. Any person found to be in contempt of an injunctive order of the court shall be fined not less than fifty nor more than three hundred dollars with each day of violation constituting a separate contempt.