R9-9B-207. Enforcement Action

A. Under A.R.S. § 32-1366, the Department may, as applicable: 1. Deny, revoke, or suspend a license according to A.R.S. §§ 32-1366 and 32-1367; 2. Request an injunction according to A.R.S. § 32- 1369(A)(2); 3. Issue a letter of censure or reprimand according to A.R.S. § 32-1367(C)(1); 4. Impose probationary terms according to A.R.S. § 32- 1367(C)(2); or 5. Assess a civil money penalty according to A.R.S. § 32- 1367(C)(3). B. As specified in A.R.S. § 32-1366(B), the Department may take disciplinary action in subsection (A) against a responsible funeral director, including a multiple funeral director, for a violation of A.R.S. Title 32, Chapter 12, or this Subchapter by an employee of a licensed funeral establishment that the responsible funeral director manages. C. The Department may take disciplinary action in subsection (A) against a responsible cremationist for a violation of A.R.S. Title 32, Chapter 12, or this Subchapter by an employee of a licensed crematory that the responsible cremationist manages. D. In determining which disciplinary action specified in subsection (A) is appropriate, the Department shall consider: 1. The type of violation, 2. The severity of the violation, 3. The number of violations, 4. Patterns of noncompliance, 5. The potential for and occurrences of actual harm, 6. The threat to health and safety, 7. The number of persons affected by the violation, 8. The length of time that the violation has been occurring, and 9. Any mitigating or aggravating circumstances. E. A licensee may appeal a disciplinary action taken by the Department according to A.R.S. Title 41, Chapter 6, Article 10.