A. The assistant director may issue an advisory notice stating de minimis violations of standards and rules which carry no penalty, unless the employer or trainer wilfully and repeatedly violates the standard or rule, in which case the assistant director may refer the matter to the director for appropriate action pursuant to section 3-3113.

Terms Used In Arizona Laws 3-3111

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Assistant director: means the assistant director of the office of agricultural safety in the Arizona department of agriculture. See Arizona Laws 3-3101
  • De minimis violation: means a condition or practice which, although undesirable, has no direct or immediate relationship to safety or health. 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.
  • 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
  • Trainer: means a person who is certified by the department pursuant to section 3-3125 for training individuals in agricultural health and safety standards. See Arizona Laws 3-3101
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215

B. No advisory notice stating a de minimis violation may be issued under this section after the expiration of a period of six months after the date of the inspection that produced evidence of an alleged violation. If in the course of an investigation the department identifies any additional alleged violator, the department may investigate the additional alleged violator. No advisory notice may be issued after the expiration of six months from the date the additional alleged violator is identified by the department.

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