3-2911. Cease and desist orders; hearing; subpoena; injunctions; revocation or suspension of license; probation

A. If the associate director has reason to believe that a person is violating or has violated a provision of or rule adopted under this article or the conditions of a license issued under this article, the associate director shall give the person written notice by certified mail that the person shall appear and show cause at a hearing conducted pursuant to title 41, chapter 6, article 10 not less than thirty days after the date of mailing 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. At the hearing the administrative law judge shall issue a decision and order. The decision and order may take such form as the administrative law judge determines to be reasonable and appropriate and shall include a determination of violation, a cease and desist order or the recommendation of a civil penalty.

C. If the person continues the violation after the administrative law judge has issued a final decision and order under subsection B, the associate 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.

D. In addition or as an alternative to seeking injunctive relief under subsection C, if the associate director finds that a licensee has violated or failed to comply with this article or a rule adopted under this article, the associate director may:

1. Suspend the license for a definite period of time.

2. Revoke the license.

3. Place the person whose license has been suspended on probation. If the assistant director places the licensee on probation and allows the licensee to continue to operate, that fact shall be entered into the records of the division relating to the suspension and probation.