35 Pa. Stat. § 7110.305

Current through Pa Acts 2024-35, 2024-56
Section 7110.305 - Inspection
(a) Authority.--The department or its duly authorized representatives shall have the power to enter at all reasonable times with sufficient probable cause upon any public or private property, building, premise or place, for the purposes of determining compliance with this act, any license conditions or any rules, regulations or orders issued under this act. In the conduct of an investigation, the department or its duly authorized representatives shall have the authority to conduct tests, inspections or examinations of any radiation source, or of any book, record, document or other physical evidence related to the use of a radiation source.
(b) Search warrant.--An agent or employee of the department may apply for a search warrant, to an issuing authority, for the purposes of testing, inspecting or examining any radiation source or any public or private property, building, premise, place, book, record or other physical evidence related to the use of the radiation source. A warrant shall be issued only upon probable cause. It shall be sufficient probable cause to show any of the following:
(1) The test, inspection or examination is pursuant to a general administrative plan to determine compliance with this act.
(2) The agent or employee has reason to believe that a violation of this act has occurred or may occur.
(3) The agent or employee has been refused access to the radiation source, property, building, premise, place, book, record, document or other physical evidence related to the use of the radiation source or has been prevented from conducting tests, inspections or examinations.

35 P.S. § 7110.305

1984, July 10, P.L. 688, No. 147, § 305, effective in 15 days.