Rule 111-8-90-.08 - Penalties(1) Any registrant who violates the provisions of O.C.G.A. Section 31-13-14, or who hinders, obstructs, or otherwise interferes with any representative of the Department in the discharge of official duties in making inspections as provided in O.C.G.A. Section 31-13-5, or in impounding materials as provided in O.C.G.A. Section 31-13-11, shall be guilty of a misdemeanor.(2) Any registrant who: (a) Violates any registration provision of Chapter 13 of Title 31 of the Official Code of Georgia Annotated; or any rule, regulation, or order issued thereunder; or any term, condition, or limitation of any registration certificate thereunder; or commits any violation for which a registration certificate may be revoked under this Chapter may be subject to a civil penalty to be imposed by the Department. If the violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.(3) Imposition of such civil penalties shall relate to the severity of the violations. (a) Users are subject to civil penalties not to exceed $1,000 for violations that cause or contribute to the exposure of any persons or the environment to radiation levels in excess of those levels set forth in these rules. Violations which cause or contribute to such exposure are: 1. Failure of registrant to take action in a timely manner to correct unsafe conditions or equipment of which it was aware or should have been aware;2. Use of untrained, unskilled, or unauthorized operators/users;3. Lack of, or failure to follow safety procedures;4. Unauthorized or improper modifications to machines or other radiation sources or equipment containing such sources; and5. Lack of sufficient radiation shielding to prevent excessive radiation exposure. (i) For purposes of computing the penalty, each day of such violation is a separate violation.(b) Users are subject to civil penalties not to exceed $500 for other violations, to wit violations that do not cause or contribute to excessive exposure. 1. For purposes of computing the penalty, each day of such violation is a separate violation.(c) Users that fail to register in accordance with rule .02(1) of this Chapter are subject to civil penalties not to exceed $1000.1. For purposes of computing the penalty, each day of such violation is a separate violation.(d) In proposing the imposition of civil penalties, the Department shall consider such mitigating circumstances as it deems appropriate. These may include factors such as elapsed time of the violation, the registrant's prior compliance history, or voluntary reporting of the violation by the registrant.(4) Whenever the Department proposes to subject a registrant to the imposition of a civil penalty, it shall notify such registrant in writing:(a) Setting forth the date, facts, and nature of each act or omission with which the person is charged;(b) Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, or registration involved in the violation; and(c) Advising of each penalty which the Department proposes to impose and its amount.(d) Such written notice shall be sent by registered or certified mail by the Department to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within ten days from receipt of such notice, why such penalty should not be imposed. The notice shall also advise such registrant that, upon failure to pay the civil penalty subsequently determined by the Department, if any, the penalty may be collected by civil action.(e) Upon receipt of a written response from the registrant alleging that a penalty should not be imposed, the Department shall consider the response and make a final decision on the appropriateness and amount of the penalty. The Department may at its discretion conduct an onsite inspection in order to make a final decision. In making this decision, the Department may, as deemed appropriate by the Department, consider such factors as: errors concerning the amount or nature of the penalty, corrective action taken by the registrant, or disposal of machines or equipment by the registrant.(f) The Department shall inform the registrant of its final decision by registered or certified mail to the last known address of the registrant. Within 10 days of receipt of the Department's final determination concerning the civil penalty, the registrant may request an appeal pursuant to the Georgia Administrative Procedures Act, O.C.G.A. 50-13-1, et seq.Ga. Comp. R. & Regs. R. 111-8-90-.08
Ga. L. 1964, pp. 507, 569, and 570; O.C.G.A. § 31-13-15.
Original Rule entitled "Penalties" adopted. F. Oct. 9, 2020; eff. Oct. 29, 2020.