A. The director may assess a civil penalty in an amount not exceeding one hundred dollars per day of violation against any person who is determined pursuant to section 3-2911 to be in violation of this article, the rules adopted pursuant to this article or the terms and conditions of a license issued under this article.

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Terms Used In Arizona Laws 3-2912

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: means an individual, partnership, corporation, group, company, society or association. See Arizona Laws 3-2901

B. The director shall bring any action to recover the penalties under this section in the superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider whether the violation was knowing or wilful, the past conduct of the defendant, whether the defendant should have been on notice of the violation, whether the defendant has taken steps to cease, remove or mitigate the violation and any other relevant information.

D. All monies collected as civil penalties under this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

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