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41-2193. Enforcement powers of deputy director and office personnel; civil and administrative penalties

A. The deputy director, personnel of the office and personnel under contract to the office, upon presentation of credentials, shall be permitted to enter and inspect premises where units regulated by this chapter are manufactured, sold or installed as the deputy director may deem appropriate to determine if any person has violated this chapter. No person licensed by the office may refuse to admit the deputy director or the personnel of the office or personnel under contract if the proper credentials are presented and the inspection is made at a reasonable time.

B. If the deputy director has reasonable cause to believe a unit is being offered for sale by a party required to be licensed but not licensed as a dealer or broker by the office or is in violation of this chapter, or the rules, regulations or standards promulgated pursuant to this chapter, the office shall serve upon the manufacturer, dealer, broker or installer a notice of violation which may be affixed to the unit in violation and, if affixed to the unit, shall not be removed by anyone without the authorization of the office.

C. If there is reasonable cause to believe, from information furnished to the deputy director or from an investigation instituted by the deputy director, that any person is engaged in a business regulated by this article without being licensed as required by law, the deputy director shall issue and serve upon the person, by certified mail, a cease and desist order requiring the person immediately, upon receipt of the notice, to cease and desist from engaging in such business. Upon failure of such person to comply with the order, the deputy director shall file an action in the superior court in Maricopa county restraining and enjoining the person from engaging in such business. The court in the action shall proceed as in other actions for injunctions.

D. If in the judgment of the deputy director any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of this chapter, the rules, regulations or standards promulgated pursuant to this chapter or an order issued pursuant to this chapter, the deputy director may make application to the appropriate court for an order enjoining such acts or practices. Upon a showing by the deputy director that such person has engaged in, or is about to engage in, any such acts or practices, an injunction, restraining order or such other order as may be appropriate shall be granted by such court without bond. On a showing by the deputy director that a licensee has wrongfully withdrawn, or is about to wrongfully withdraw, funds required to be held in the licensee's trust account, an injunction, restraining order or such other order as may be appropriate to prevent a licensee from wrongfully withdrawing trust account funds shall be granted by the court. Upon granting a permanent injunction, the court may impose a civil penalty not exceeding one thousand dollars for each violation.

E. In any investigation, proceeding or hearing which the deputy director may institute, conduct or hold under this article, the deputy director, or a representative designated by the deputy director, may administer oaths, certify to official acts, issue subpoenas for attendance of witnesses and production of books, papers and records and exercise the same powers in this regard as conferred upon public officers by the provisions of section 12-2212.

F. After any hearing which the deputy director may institute, conduct or hold under this article, the deputy director or a representative designated by the deputy director may impose an administrative penalty in an amount of not to exceed one thousand dollars for each violation. All monies collected pursuant to this subsection shall be deposited in the general fund.

G. If an inspection reveals that a mobile home entering this state for sale or installation is in violation of this chapter, the office may order its use discontinued and the mobile home or any portion of the mobile home vacated. The order to vacate shall be served on the person occupying the mobile home and copies of the order shall be posted at or on each exit of the mobile home. The order to vacate shall include a reasonable period of time in which the violation can be corrected. A person shall not occupy or use a mobile home in violation of an order to vacate.

H. If construction, rebuilding or any other work is performed in violation of this chapter or any rule adopted pursuant to this chapter, the office may order the work stopped. The order to stop work shall be served on the person doing the work or on the person causing the work to be done. The person served with the order shall immediately cease the work until authorized by the office to continue.