41-2193. Enforcement powers of deputy director
and office personnel; civil and administrative penalties
A. The deputy director, personnel of the office and personnel under contract to the
office, upon presentation of credentials, shall be permitted to enter and inspect
premises where units regulated by this chapter are manufactured, sold or installed as the
deputy director may deem appropriate to determine if any person has violated this
chapter. No person licensed by the office may refuse to admit the deputy director or the
personnel of the office or personnel under contract if the proper credentials are
presented and the inspection is made at a reasonable time.
B. If the deputy director has reasonable cause to believe a unit is being offered
for sale by a party required to be licensed but not licensed as a dealer or broker by the
office or is in violation of this chapter, or the rules, regulations or standards
promulgated pursuant to this chapter, the office shall serve upon the manufacturer,
dealer, broker or installer a notice of violation which may be affixed to the unit in
violation and, if affixed to the unit, shall not be removed by anyone without the
authorization of the office.
C. If there is reasonable cause to believe, from information furnished to the
deputy director or from an investigation instituted by the deputy director, that any
person is engaged in a business regulated by this article without being licensed as
required by law, the deputy director shall issue and serve upon the person, by certified
mail, a cease and desist order requiring the person immediately, upon receipt of the
notice, to cease and desist from engaging in such business. Upon failure of such person
to comply with the order, the deputy director shall file an action in the superior court
in Maricopa county restraining and enjoining the person from engaging in such
business. The court in the action shall proceed as in other actions for injunctions.
D. If in the judgment of the deputy director any person has engaged, or is about to
engage, in any acts or practices which constitute, or will constitute, a violation of
this chapter, the rules, regulations or standards promulgated pursuant to this chapter or
an order issued pursuant to this chapter, the deputy director may make application to the
appropriate court for an order enjoining such acts or practices. Upon a showing by the
deputy director that such person has engaged in, or is about to engage in, any such acts
or practices, an injunction, restraining order or such other order as may be appropriate
shall be granted by such court without bond. On a showing by the deputy director that a
licensee has wrongfully withdrawn, or is about to wrongfully withdraw, funds required to
be held in the licensee's trust account, an injunction, restraining order or such other
order as may be appropriate to prevent a licensee from wrongfully withdrawing trust
account funds shall be granted by the court. Upon granting a permanent injunction, the
court may impose a civil penalty not exceeding one thousand dollars for each violation.
E. In any investigation, proceeding or hearing which the deputy director may
institute, conduct or hold under this article, the deputy director, or a representative
designated by the deputy director, may administer oaths, certify to official acts, issue
subpoenas for attendance of witnesses and production of books, papers and records and
exercise the same powers in this regard as conferred upon public officers by the
provisions of section 12-2212.
F. After any hearing which the deputy director may institute, conduct or hold under
this article, the deputy director or a representative designated by the deputy director
may impose an administrative penalty in an amount of not to exceed one thousand dollars
for each violation. All monies collected pursuant to this subsection shall be deposited
in the general fund.
G. If an inspection reveals that a mobile home entering this state for sale or
installation is in violation of this chapter, the office may order its use discontinued
and the mobile home or any portion of the mobile home vacated. The order to vacate shall
be served on the person occupying the mobile home and copies of the order shall be posted
at or on each exit of the mobile home. The order to vacate shall include a reasonable
period of time in which the violation can be corrected. A person shall not occupy or use
a mobile home in violation of an order to vacate.
H. If construction, rebuilding or any other work is performed in violation of this
chapter or any rule adopted pursuant to this chapter, the office may order the work
stopped. The order to stop work shall be served on the person doing the work or on the
person causing the work to be done. The person served with the order shall immediately
cease the work until authorized by the office to continue.
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