10- 144 C.M.R. ch. 220, § B-5

Current through 2024-51, December 18, 2024

Section 144-220-B-5 - Notice of Violation

A. Before instituting any proceeding to modify, suspend, or revoke a license or to take other action for alleged violation of any provision of the Radiation Protection Act or this rule or the conditions of the license, the Agency will serve on the licensee or other person subject to the jurisdiction of the Agency a written notice of violation, except as provided in paragraph (3) of this section. The notice of violation will concisely state the alleged violation and will require that the licensee or any other person submit, within 20 working days of the date of the notice or other specified time, a written explanation or statement in reply including:

(1) Corrective steps which have been taken by the licensee or other person and the results achieved;

(2) Corrective steps which will be taken; and

(3) The date when full compliance will be achieved.

B. Because the Agency wants to encourage and support licensee initiative for self-identification and correction of problems, the Radiation Control Program will not generally issue a notice of violation for a violation that meets all of the following tests:

(1) It was identified by the licensee;

(2) It fits in Severity Level IV or V;

(3) It was reported; if required;

(4) It was or will be corrected, including measures to prevent recurrence, within a reasonable time; and

(5) It was not a violation that could reasonably be expected to have been prevented by the licensee's corrective action for a previous violation.

C. Licensees are not ordinarily cited for violations resulting from matters not within their control, such as equipment failures that were not avoidable by reasonable licensee quality assurance measures or management controls. Generally, however, licensees are held responsible for the acts of their employees. Accordingly, this policy should not be construed to excuse personnel errors. Enforcement actions involving individuals, including licensed operators, will be determined on a case-by-case basis, and must be approved by the Director of the Division of Environmental and Community Health, Maine Center for Disease Control and Prevention, Department of Health and Human Services.

D. The notice may require the licensee or other person subject to the jurisdiction of the Agency to admit or deny the violation and to state the reasons for the violation, if admitted. It may provide that, if any adequate reply is not received within the time specified in the notice, the Agency may issue an order to show cause why the license should not be modified, suspended or revoked or why such other action as may be proper should not be taken.

E. When the Agency finds that the public health, safety, or interest so requires, or that the violation is willful, the notice of violation may be omitted and an order to show cause issued.

10- 144 C.M.R. ch. 220, § B-5