ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: NREW DPA 5-4-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2576: notice; violation; deficiency correction

Sponsor: Representative Griffin, LD 19

Caucus & COW

Overview

Outlines the actions that must be taken if a person fails to correct alleged deficiencies in a reasonable amount of time.

History

Current law describes the process and procedure for inspectors, auditors and regulators for agencies. If it is found that there are alleged deficiencies, the agency will provide an opportunity to correct the alleged deficiencies. A report must include specific evidence of alleged deficiencies. (A.R.S § 41-1009)

Provisions

1.   Adds written specific evidence that must be included in the inspection report. (Sec 1)

2.   Permits the agency to take enforcement action authorized by law only if the regulated person fails to correct the alleged deficiencies and the agency determines the alleged deficiencies have not been corrected within a reasonable period of time. (Sec 1)

3.   Allows the agency to determine within thirty days of receipt of corrected alleged deficiencies if the regulated person is in substantial compliance and notify regulated person. (Sec 1)

4.   Authorizes the agency to take enforcement action if:

a)   the regulated person fails to correct alleged deficiencies;

b)   the agency determines the alleged deficiencies have not been corrected in a reasonable amount of time;

c) the regulated person intentionally misrepresents information or acts unlawfully;

d)   the alleged deficiencies cause actual harm to a person's health;

e)   the regulated party has repeat violations from consecutive inspections. (Sec. 1)

5.   Outlines the timeline to calculate a civil penalty. (Sec. 1)

Amendments
Committee on Natural Resources, Energy & Water

1.   Adds language to specify an agency inspector, auditor or regulator.

2.   States the agency that is preforming an inspection must produce an inspection report at the time of inspection.

3.   Includes jurisdiction to federal law.

4.   Removes list of requirements authorizing agency enforcement action.

5.   Alters the definition of inspection.

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9.                     HB 2576

10.  Initials CW/TM   Page 0 Caucus & COW

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