Section 144-220-N-23 - Agency action to remove an authorized user or a radiation safety officerA. The Agency may act to remove authorized users or the appointed radiation safety officer from a license for any one or more of the following causes: (1) Willfully evading the statute or regulations pertaining to the radiation safety program, or willfully aiding another person in evading such statute or regulations;(2) Having been convicted of a felony under the laws of this State, another state, or the United States, unless the convicted individual demonstrates to the Agency that he has been sufficiently rehabilitated to warrant the public trust;(3) Exhibiting significant or repeated incompetence in the handling of radioactive material, or in the performance of radiation safety officer duties;(4) Performing authorized user duties or radiation safety officer duties in such a manner that requirements of the Agency are violated resulting in a threat to health and safety of an individual, other workers or the public; and B. If, based upon any of the above grounds, the Agency determines that action to remove an authorized user or the appointed radiation safety officer from a radioactive material license is warranted, the Agency shall notify the individual and shall provide an opportunity for a hearing in accordance with Part B of this rule. An opportunity for a hearing shall be provided before the Agency takes action to remove an authorized user or a radiation safety officer from a license unless the Agency finds that an immediate removal is required to protect against immediate danger to health or safety, Title 22 MRSA, in which case the Agency shall remove the individual pending a hearing.C. If the Agency finds that removal of an authorized user or a radiation safety officer is warranted, the usual action shall be a suspension of duties for up to one year. The term of suspension may be reduced by the Commissioner of the Department of Health and Human Services or his or her designee, upon the recommendation of the hearing officer, if the hearing officer finds, based upon evidence presented during a hearing, that the conditions leading to the Order for Suspension can be cured in less than one year. However, if the Agency finds that the causes are of a serious or continuous nature, such as past actions which posed an immediate threat to occupational or public health or safety or deficiencies that cannot be cured within one year, the Agency shall remove the individual from the radioactive material license.D. An individual who has been removed from a radioactive material license may seek reinstatement of duties by filing with the Agency a petition for reinstatement. Such petition may be filed one year or more after the beginning of the removal period. The individual shall be afforded a hearing in accordance with 5 MRS Ch. 375, and shall bear the burden of proof of establishing that the individual should be reinstated due to rehabilitation or other just cause.]10-144 C.M.R. ch. 220, § N-23