16 Del. Admin. Code § 4465-K-9.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4465-K-9.0 - Administrative Action by the Authority

9.1 Administrative Hearings

9.1.1 The Authority may, upon sworn complaint or upon its own initiative, cause an investigation to be held to determine whether a license or registration holder, former license or registration holder or applicant has engaged in any activity requiring disciplinary action.

9.1.2 Upon completion of said investigation, the Authority shall hold a hearing to determine whether a license or registration holder, former license or registration holder or applicant has engaged in activities specified in this section as grounds for disciplinary action.

9.1.3 The Authority shall fix the time and place for the hearing.

9.2 The Authority shall cause a copy of the charges, together with a notice of the time and place for the hearing, to be served on the alleged violator at least 30 days prior to the date fixed for the hearing.

9.2.1 When personal service cannot be effected, the Agency shall mail a copy of the charges and of such notice to the alleged violator at his last known address according to the records of the Agency.

9.3 In all proceedings herein:

9.3.1 The alleged violator may be represented by counsel who shall have the right of examination and cross-examination.

9.3.2 The alleged violator and the Agency may call witnesses and admit documentary evidence on their own behalf.

9.3.3 Testimony before the Authority shall be under oath. Any member of the Authority shall have power to administer oaths for this purpose.

9.3.4 A record of the hearing shall be made.

9.3.4.1 At the request and expense of either party such record shall be transcribed with a copy to the other party.

9.3.5 The decision of the Authority shall be based upon a preponderance of the evidence.

9.3.5.1 If the charges are supported by such evidence, the Authority may revoke, refuse to issue, or suspend a certificate, license or registration, or otherwise discipline the individual.

9.3.5.2 A suspended certificate, license or registration may be reissued upon a further hearing initiated at the request of the suspended licensee by written application in accordance with the rules of the Authority and if the Authority finds compliance has been achieved.

9.4 Revocation and Appeal of Suspended Certificate, License or Registration

9.4.1 The Authority on Radiation Protection, at its earliest opportunity, shall consider the Agency's recommendation for certificate, license or registration revocation or hear an appeal by the owner/manager whose permit stands suspended.

9.4.2 The Authority on Radiation Protection shall, at each scheduled meeting, release the name(s) and address(es) of those registered facilities currently meeting the following criteria:

9.4.3 Certificate, License or Registration permanently revoked

9.4.4 Certificate, License or Registration suspended

9.4.5 Certificate, License or Registration censored

9.4.6 Issued a letter of reprimand

9.4.7 Certificate, License or Registration application refused

9.4.8 Certificate, License or Registration renewal refused

9.4.9 Use of source of radiation terminated

9.5 Exemptions referred to the Authority

9.5.1 The Authority on Radiation Protection:

9.5.2 May from time to time grant written permission to vary from particular provisions set forth in the regulations when the extent of the variation is clearly specified and it is documented to the Authority's satisfaction that:

9.5.2.1 Such variation is necessary to obtain a beneficial use by the owner/manager of an existing facility;

9.5.2.2 Appropriate alternative measures have been taken to protect the health and safety of the public from ionizing radiation and assure that the purpose of the provisions from which the variation is sought will be observed.

9.5.3 The Authority shall hear an appeal by the applicant within thirty (30) days following the denial of an exemption request by the Agency. If an exemption is granted; record of the action shall become a part of the permanent record of the facility.

9.5.4 An exemption is not transferable.

16 Del. Admin. Code § 4465-K-9.0

16 DE Reg. 1274 (6/1/2013) (Final)