R3-3-506. Penalty and Fine Point System

A. The ALJ shall assess points, as applicable, against a violator for the violation of each pesticide rule or statute, or the Associate Director shall assess points, as applicable, for the violation of each pesticide rule or statute upon entering into a negotiated settlement as a result of an informal settlement conference under A.R.S. § 41-1092.06, in accordance with the following point system. From each of subsections (A)(1) through (6), one choice shall be selected, unless otherwise appropriate, based upon supporting evidence in the record of the proceeding before the ALJ or Associate Director. Points shall be totaled for the violation of each pesticide rule or statute. 1. Health effects. a. No evidence of human exposure to pesticides and no evidence of the substantial probability of human exposure to pesticides. 0 b. Substantial probability of human exposure 5-10 to pesticides but treatment not required by a physician, nurse, paramedic, or physician’s assistant. c. Evidence of human exposure to pesticides but treatment not required by a physician, nurse, paramedic, or physician’s assistant. 11-20 d. Human exposure to pesticides that required 21-30 treatment by a physician, nurse, paramedic, or physician’s assistant, but which did not result in pesticide poisoning. e. Human exposure to pesticides that required either hospitalization for less than 12 hours or treatment as an outpatient for five consecutive days or less by a physician, nurse, paramedic, or physician’s assistant for pesticide poisoning. 31-45 f. Human exposure to pesticides that required either hospitalization for 12 hours or longer, or treatment as an outpatient for more than five consecutive days by a physician, nurse, paramedic, or physician’s assistant for pesticide poisoning. 46-100 g. Human exposure to pesticides resulting in 101-180 death from pesticide poisoning (serious violation unless otherwise documented in the investigative record). 2. Environmental consequences and property damage. (Select one or more as evidence indicates.) a. No evidence of substantial probability of environmental or property damage. 0 b. Substantial probability of water contamination. 5-10 c. Evidence of water source contamination. 11-20 d. Substantial probability of soil contamination causing economic damage. 5-10 e. Evidence of soil contamination causing economic damage. 11-20 f. Substantial probability of nontarget bird kills. 5-10 g. Evidence of nontarget bird kills. 11-20 h. Substantial probability of nontarget fish kills. 5-10 i. Evidence of nontarget fish kills. 11-20 j. Nontarget kills involving game or furbearing animals as defined by A.R.S. § 17- 101(B). 10-20 k. Any property damage (nonserious violation only under A.R.S. § 3-361(4)). 10-20 l. Air contamination causing official evacuation by federal, state, or local authorities. 10-20 m. Killing one or more threatened or endangered species. 15-20 n. Killing one or more domestic animals. 15-20 3. Culpability a. Knowing. Knew or reasonably should have known of the safety, health or property damage risk. 5-10 b. Willfully. Actual knowledge or belief that the conduct would violate the law but engages in misconduct. 20-50 4. Prior violations or citations. Violations or citations within three years from the date the violation was committed. (Select one or more as evidence indicates.) Current violation Serious None 0 0 One or more De minimis 5 0 One Nonserious 10 5 One Nonserious, same or substantially similar to current violation 20 10 Two Nonserious 30 15 Two Nonserious, same or substantially similar to current violation 40 20 Three Nonserious 60 30 Three Nonserious, same or substantially similar to current violation 70 35 Additional Nonserious: same or substantially similar to current violation, points per each additional violation beyond three Prior violation history Current violation Non-serious 10 5 One Serious 20 10 One Serious, same or substantially similar to current violation 40 20 Two Serious 60 30 Two Serious, same or substantially similar to current violation 80 40 Three Serious 120 60 Three Serious, same or substantially similar to current violation 140 70 Additional Serious: same or substantially similar to current violation, points per violation 20 10 5. The length of time a violation has been allowed to continue by the violator after notification by the Department. a. Less than one day. 0 b. One day but less than one week. 1-10 c. One week but less than one month. 11-20 d. One month but less than two months. 21-30 e. Two months or more. 31-40 6. Wrongfulness of conduct a. Conduct resulting in a violation that does not cause any immediate damage to public health, safety, or property. 4-5 b. Conduct resulting in a violation that the evidence establishes may have a substantial probability of an immediate effect upon public health, safety, or property. 6-8 c. Conduct resulting in a violation that the evidence establishes had an immediate effect upon public health, safety, or property, but does not fall within subsection (6)(e). 9-10 d. Conduct causing the substantial probability of serious physical injury, hospitalization, or sustained medical treatment for an individual, or degrading the pre-existing environmental quality of the air, water, or soil so as to cause a substantial probability of a threat to the public health, safety, or property. 20-35 e. Conduct resulting in serious physical injury, hospitalization, or sustained medical treatment for an individual, or degrading the pre- existing environmental quality of the air, water, or soil so as to cause a substantial probability of a threat to the public health, safety, or property. 36-50 B. The ALJ or Associate Director, after determining points according to subsection (A) shall assess a fine or penalty, or fine and penalty, for each violation in accordance with the following schedules: 1. Nonserious violation as defined under A.R.S. § 3-361. a. 53 points or less. A fine of $50 to $150; a penalty of one to three months’ probation, with a condition of violating probation being one to three hours of continuing education. b. 54 to 107 points. A fine of $151 to $300; a penalty of four to six months’ probation with a condition of violating probation being one to 10 days’ suspension. c. 108 points or more. A fine of $301 to $500; a penalty of seven to 12 months’ probation with a condition of violating probation being 15 to 30 days’ suspension or revocation for a period of up to one year. 2. Serious violation as defined under A.R.S. § 3-361. a. 46 points or less. A fine of $1,000 to $2,000; a penalty of one to three months’ probation with a condition of violating probation being five to 10 days’ suspension for a nonserious violation or 15 to 30 days’ suspension for a serious violation. b. 47 to 93 points. A fine of $2,001 to $5,000; a penalty of four to six months’ probation with a condition of violating probation being 15 to 30 days’ suspension for a nonserious violation and 31 to 90 days’ suspension for a serious violation. c. 94 points or more. A fine of $5,001 to $10,000; a penalty of probation for seven to 12 months with a condition of violating probation being two to four months’ suspension for a nonserious violation and four to 12 months’ suspension for a serious violation, or revocation for the remainder of the license year and an additional period of one to three years. 3. The first de minimis violation is not considered a violation of probation.