Arizona Laws 3-3110. Citations
A. If the assistant director, after an inspection or investigation, determines that there is reasonable cause to believe that a violation exists the assistant director shall with reasonable promptness recommend to the director that a citation be issued to the employer. If the director issues a citation it shall be in writing and shall contain the following:
Terms Used In Arizona Laws 3-3110
- Assistant director: means the assistant director of the office of agricultural safety in the Arizona department of agriculture. See Arizona Laws 3-3101
- Department: means the Arizona department of agriculture. See Arizona Laws 3-101
- Employer: means any individual or type of organization, including this state and its political subdivisions, which has in its employ one or more individuals performing agricultural services for it in employment, including self-employed persons. See Arizona Laws 3-3101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Rule: means a written rule of agricultural safety and health governing places of agricultural employment which is adopted pursuant to section 3-3106 or 3-3108, exclusive of standards. See Arizona Laws 3-3101
- Standard: means any agricultural safety and health standard which has been adopted and promulgated by a nationally recognized standards-producing organization or the federal government and has the same meaning as and includes the term "code". See Arizona Laws 3-3101
- Writing: includes printing. See Arizona Laws 1-215
1. A particular description of the nature of the violation, including a reference to the provision of this article, or of the standard or rule alleged to have been violated.
2. A reasonable time to abate the violation.
3. A notice that the employer may request a hearing if the employer is aggrieved by the citation.
B. A certified mail delivery receipt or a signed verification of delivery in person is prima facie evidence of the receipt of a citation.
C. Each citation or copy of a citation issued under this section shall be prominently posted at or near each place a violation referred to in the citation existed.
D. No citation may be issued after the expiration of a period of six months from the date of the inspection that produced evidence of the violation. If in the course of an investigation the department identifies any additional alleged violator, the department may investigate the additional alleged violator. No citation may be issued after the expiration of six months from the date the additional alleged violator is identified by the department.