Arizona Laws 3-421. Violations; civil penalties; hearing; court action
A. A person who violates a marketing order or marketing agreement three times during a marketing season is subject to a civil penalty of at least fifty dollars but not more than five hundred dollars for the first offense and a civil penalty of at least one hundred dollars but not more than one thousand dollars for subsequent offenses. A person who intentionally violates a marketing order is subject to a civil penalty of at least one thousand dollars but not more than ten thousand dollars. Each day of violation is a separate offense. A person who knowingly furnishes a false report is subject to a civil penalty of five hundred dollars.
Terms Used In Arizona Laws 3-421
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- agreement: means an agreement that is developed by producers or shippers of the affected commodity and that is entered into by the director pursuant to this article. See Arizona Laws 3-401
- commission: means the marketing commission established under section 3-413. See Arizona Laws 3-401
- committee: means a marketing committee established by a marketing agreement according to section 3-426. See Arizona Laws 3-401
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- order: means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article. See Arizona Laws 3-401
- Person: means any individual, firm, corporation, trust, association or partnership. See Arizona Laws 3-401
- 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. For civil actions, an administrative hearing may be obtained pursuant to Title 41, Chapter 6, Article 10.
C. The director, marketing commission or marketing committee may apply to the superior court for a temporary restraining order or injunction if there are three or more violations of a marketing order, marketing agreement or this article or any rules adopted pursuant to this article during a marketing season. If the director, marketing commission or marketing committee is successful in the court action, the defendant may be required to pay the costs of prosecution. A court action may be brought in the county where the defendant resides or where the act or omission occurred or in the county of the state capital.
D. An action for penalties must be commenced within three years after the violation. The suspension, substantial change or termination of any marketing order or marketing agreement does not suspend or terminate any causes of action that have accrued under it.