45-136. Cease and desist order; temporary cease
and desist order; hearings; 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 any provision of this article, a
permit or order issued pursuant to this article or a rule adopted to carry out the
purposes of 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 after
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 filling or refilling all or a portion of
a body of water in violation of any provision of this article, a permit or order issued
pursuant to this article or a rule adopted to carry out the purposes of this article, the
director may issue a temporary order for the person to cease and desist the filling or
refilling 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, time 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.
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