A. Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed three hundred dollars for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the state by the attorney general or by any county attorney, or city attorney in any court of competent jurisdiction.

Terms Used In Arizona Laws 40-1207

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Commission: means the Arizona corporation commission. See Arizona Laws 40-1201
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means any individual, partnership, corporation, association, manufacturer, distributor, retailer, contractor, builder, or other group, however organized, who sells or causes to be distributed or installed, any new gas appliance. See Arizona Laws 40-1201

B. If civil action is brought by any unit of government and the defendant is proven innocent, the defendant shall be given the right to reclaim all court costs and attorney fees from the complaining unit of government.

C. Civil penalties recovered pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, and used for reimbursement for reasonable expenses incurred by the commission in the investigation and prosecution of the action.

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