ARS § 36-4204

36-4204 - Fees; licensure; inspections; violation; classification; civil penalties 36-4204. Fees; licensure; inspections; violation; classification; civil penalties A. The director by rule shall establish fees for initial and annual licensure and a fee for the late payment of licensing fees that includes a grace period. The department shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of the fees collected pursuant to this section in the health services licensing fund established by section 36-414 and ten percent of the fees collected pursuant to this section in the state general fund. B. A transitional housing facility license does not expire and remains valid unless either: 1. The department subsequently revokes or suspends the license pursuant to this article and the rules adopted pursuant to this article. 2. The license is considered void because the licensee did not pay the licensing fee, civil penalties or provider agreement fees before the relevant due date or did not enter into an agreement with the department before the relevant due date to pay all outstanding fees or civil penalties. C. The department shall conduct annual inspections to verify compliance with the requirements of this article and the rules adopted pursuant to this article. On a determination by the director that there is reasonable cause to believe a transitional housing facility is not adhering to the licensing requirements of this article, the director or any duly designated employee or agent of the director may enter on and into the premises of any transitional housing facility that is licensed or required to be licensed pursuant to this article at any reasonable time for the purpose of determining the state of compliance with this article, the rules adopted pursuant to this article and local fire ordinances or rules. An application for licensure under this article constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license. If an inspection reveals that the transitional housing facility is not adhering to the licensing requirements established pursuant to this article, the director may take action authorized by this article. D. Any transitional housing facility whose license has been suspended or revoked in accordance with this article is subject to inspection on application for relicensure or reinstatement of the transitional housing facility's license. If a transitional housing facility license is revoked in this state or any other state, the licensee of the transitional housing facility whose license was revoked may not reapply for any license issued pursuant to this title for a period of at least five years. E. A transitional housing facility that knowingly operates in this state without a license in violation of this article is guilty of a class 6 felony and the director shall assess a civil penalty of not more than $1,000 for each violation. Each day the transitional housing facility operates without a license is a separate violation. F. The director may impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of not more than $1,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director shall issue a notice that includes the proposed amount of the civil penalty assessment. If a person requests a hearing to appeal an assessment, the director may not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days for which the violation has been documented by the department. G. The department may impose sanctions and commence disciplinary actions against a licensed transitional housing facility, including revoking the license. A license may not be suspended or revoked under this article without affording the licensee notice and an opportunity for a hearing as provided in title 41, chapter 6, article 10. H. The department may contract with a third party to assist the department with licensure and inspections.