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.
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.
|