10-144-223 Me. Code R. § 7

Current through 2024-51, December 18, 2024
Section 144-223-7 - ENFORCEMENT AND PENALTIES
A.Civil Penalties. In accordance with 22 MRS §690 (2), a civil penalty may be assessed and enforced, as follows:
1. Any person who violates any licensing or registration provision of the Radiation Protection Act ("this Act"), or any rule or order issued under this Act, any term, condition or limitation of any license or registration certificate issued under this Act, or any person who commits any violation for which a license or registration certificate may be revoked, suspended or modified under this rule, is subject to a civil penalty.
2. A civil penalty may be imposed by the Department, in the amount of $200, for each violation. If any violation is a continuing violation, the Department is authorized to deem each day of the violation as constituting a separate violation for the purpose of computing the applicable civil penalty. The Department may compromise, mitigate, or remit the penalties. The maximum amount of a civil penalty may not exceed $10,000 for each violation.
3. When the Department has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of 22 MRS §690 (2), the Department may notify the Office of the Attorney General or hold a public hearing. If a hearing is scheduled, the commissioner will give at least 30 calendar days written notice to the alleged violator of the date, time, and place of that hearing. The notice will specify the act done or omitted to be done which is claimed to be in violation of law; identify the particular provisions of the section, rule, order, or license involved in the violation; and advise of each penalty which the Department proposes to impose and its amount. The notice will be sent by registered or certified mail by the Department to the last known address of the person.
4. Any hearing conducted under the authority of this subsection will be managed in accordance with the provisions of the Maine Administrative Procedure Act, 5 MRS Chapter 375. At the hearing, the operator may appear in person or by attorney and answer the allegations of violation and file a statement of the facts, including the methods, practices and procedures, if any, adopted or used by the operator to comply with 22 MRS, Chapter 160, and present such evidence as may be pertinent and relevant to the alleged violation.
5. After a notice of violation is served, a follow-up inspection will be conducted to confirm and/or assess corrective actions specified in the registrant's written explanation or statement have been fulfilled.
6. A penalty or penalties may be imposed for a violation or violations that are found to be uncorrected after a notice of violation has been served, and sufficient time has been allowed for correction.
7. A civil penalty may be immediately administered for non-payment of a registration fee, after six months of non-payment, and where repeated notices of late payment have been received by the facility. The penalty amount is in addition to the registration fee.
8. On the request of the Department, the Attorney General may institute a civil action to collect a penalty imposed pursuant to this subsection. Only the Attorney General may compromise, mitigate, or remit such civil penalties as are referred to him for collection.
9. All money collected from civil penalties will be paid to the Treasurer of State for deposit in the General Fund. Money collected from civil penalties shall not be used for normal operating expenses of the Department, except as appropriations made from the General Fund in the normal budgetary process.

10-144 C.M.R. ch. 223, § 7