10-144-223 Me. Code R. § 5

Current through 2024-51, December 18, 2024

Section 144-223-5 - DENIAL, SUSPENSION OR REVOCATION OF A REGISTRATION

A.Department Actions. The Department may deny an application or renewal, or suspend or revoke an existing registration, pursuant to this rule and the Radiation Protection Rule (10-144 CMR Ch. 220), for any of the following reasons:

1. Submission of incorrect, false or misleading information in the application and reports;

2. Failure to operate or maintain the tanning facility, in accordance with the application, approved by the Department, except as such maintenance may involve the replacement of lamps by "equivalent" lamps which have been defined in Section 4(D)(3);

3. Operation of the tanning facility in a way that causes or creates a nuisance or hazard to the public health or safety;

4. Violation of any rules, regulations, standards, or requirements adopted by the Department;

5. Violation of any condition upon which the registration was issued;

6. Failure to allow duly authorized agents of the Department to conduct inspections at reasonable hours and in a reasonable manner; and

7. Failure to pay any registration or inspection fees.

B.Notice of Violation: Before instituting any proceeding to modify, suspend or revoke a certificate of registration or to take other action for alleged violations of any provision of this rule, the Department will issue a written notice of violation. The notice of violation will state the alleged violation and will require that the registrant submit a written explanation or statement in reply within 20 working days, which includes the following:

1. Corrective steps already completed by the registrant;

2. Schedule of corrective steps planned; and

3. The date when full compliance will be achieved.

C.Hearing: If any certificate of registration is conditioned, denied, suspended, or revoked, then the applicant or registrant may request an administrative hearing within 30 calendar days of receipt of the written decision, in accordance with the Maine Administrative Procedure Act, 5 MRS Chapter 375, Sub-chapter 4 and the Department's Administrative Hearings Regulations (10-144 CMR Ch. 1). A request for an administrative hearing must be made in writing and addressed to the Department's Maine CDC Radiation Control Program Manager.

In addition to recourse to an administrative hearing, an aggrieved applicant or registrant may request an informal review of the Department's decision by writing to the Department's Radiation Control Program Manager. Such a request must be made within 10 working days of receipt of the decision. If an applicant or registrant is dissatisfied with the decision of the informal review, an administrative fair hearing may be requested within 30 calendar days of receipt of the informal review decision.

10-144 C.M.R. ch. 223, § 5