Section 144-220-B-8 - OrdersA. An order is a written Agency directive to modify, suspend, or revoke a license to cease and desist from a given practice or activity or to take such other action as may be proper. Orders may be issued as set forth below. Orders may also be issued in lieu of, or in addition to, civil penalties as appropriate. (1) License Modification Orders are issued when some change in licensee equipment, procedures, or management controls is necessary. (a) The Agency may modify a license by issuing an amendment on notice to the licensee that the licensee may demand a hearing with respect to all or any part of the amendment within 20 working days from the date of the notice or such longer period as the notice may provide.(b) The amendment will become effective on the expiration of the 20-day period during which the licensee may demand a hearing. If the licensee requests a hearing during this 20-day period, the amendment will become effective on the date specified in an order made following the hearing.(2) Suspension Orders may be used: (a) To remove a threat to the public health and safety or the environment;(b) To stop facility construction when: (a) further work could preclude or significantly hinder the identification or correction of an improperly constructed safety-related system or component, to include shielding, or (b) the licensee's quality assurance program implementation is not adequate to provide confidence that construction activities are being properly carried out;(c) When the licensee has not responded adequately to other enforcement action;(d) When the licensee interferes with the conduct of an inspection or investigation; or(e) For any reason not mentioned above for which license revocation is legally authorized. Suspensions may apply to all or part of the licensed activity. Ordinarily, a licensed activity is not suspended (nor is a suspension prolonged) for failure to comply with requirements where such failure is not willful and adequate corrective action has been taken.
(3) Revocation Orders may be used:(a) When a licensee is unable or unwilling to comply with this rule ;(b) When a licensee refuses to correct a violation;(c) When a licensee does not respond to a notice of violation where a response was required;(d) When a licensee refuses to pay as stated in Appendix 1 to Part C.(e) For any other reason for which revocation is authorized under Section 677 of the Radiation Protection Act (e.g., any condition which would warrant refusal of a license on an original application).(4) Cease and Desist Orders are typically used to stop an unauthorized activity that has continued after notification by the Agency that such Activity is unauthorized.(5) Show Cause Orders. (a) The Agency may institute a proceeding to modify, suspend, or revoke a license or for such other action as may be proper by serving on the licensee an order to show cause which will: (i) Allege the violations with which the licensee is charged, or the potentially hazardous conditions or other facts deemed to be sufficient ground for the proposed action;(ii) Provide that the licensee may file a written answer to the order under oath or affirmation within 20 working days of its date, or such other time as may be specified in the order;(iii) Inform the licensee of his right, within 20 working days of that date of the order, or such other time as may be specified in the order, to demand a hearing;(iv) Specify the issues; and(v) State the effective date of the order.(b) A licensee may respond to an order to show cause; by filing a written answer under oath or affirmation. The answer shall specifically admit or deny each allegation or charge made in the order to show cause, and may set forth the matters of fact and law on which the licensee relies. The answer may demand a hearing.(c) If the answer demands a hearing, the Agency will issue an order designating the time and place of hearing.(d) An answer or stipulation may consent to the entry of an order in substantially the form proposed in the order to show cause.(e) The consent of the licensee to the entry of an order shall constitute a waiver by the licensee of a hearing, findings of fact and conclusions of law, and of all right to seek Agency and judicial review or to contest the validity of the order in any forum. The order shall have the same force and effect as an order made after hearing by the Agency.B. Orders are made effective immediately, without prior opportunity for hearing whenever it is determined that the public health, interest, or safety so requires, or when the order is responding to a violation involving willfulness. Otherwise, a prior opportunity for a hearing on the order is afforded. For cases in which the Agency believes a basis could reasonably exist for not taking the action as proposed, the licensee will ordinarily be afforded an opportunity to show cause why the order should not be issued in the proposed manner.10- 144 C.M.R. ch. 220, § B-8