44-2037
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44-2037. Civil penalties A. A person who, in a civil proceeding, is found to have violated any provision of this chapter or any rule or order of the commission shall pay a civil penalty in an amount of not to exceed five thousand dollars for each violation. B. The commission, or the attorney general at the commission's request, may bring an action in Maricopa county in the same manner as the filing of other such actions. On the finding of a violation of this chapter or any rule or order of the commission by the defendant in any such action, the court may impose the civil penalty provided by this section in an amount it deems appropriate for each such violation. Nothing in this section shall be construed to limit the right of a party in an action under this section to a trial by jury. C. If an administrative penalty has been imposed pursuant to section 44-2036 for violation of the same provision, rule or order arising out of the same circumstances and has been paid by the person against whom the civil penalty is imposed, the court shall reduce the civil penalty by the amount of the administrative penalty paid. D. A person who violates any order or injunction issued by a court of competent jurisdiction pursuant to this chapter, in addition to any other penalty or remedy for contempt of court, shall pay to this state a civil penalty of not more than twenty thousand dollars for each violation as the court deems just and proper. For the purpose of this section, the superior court issuing any order or injunction shall retain jurisdiction and the cause shall be continued. The commission or the attorney general acting in the name of this state may petition for recovery of civil penalties pursuant to this section. |