N.J. Admin. Code § 7:28-3.10

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:28-3.10 - Denial of an application for registration, and suspension, modification, or revocation of registration of ionizing radiation-producing machines

(a) The Department, in addition to any penalties authorized by the Act, may deny an application for registration or suspend, modify or revoke a registration of ionizing radiation-producing machines by reason of amendments to the Act, adoption of rules, orders issued by the Department pursuant to said Act or if the applicant or registrant:

1. Fails to comply with any provisions of the Act or any rules promulgated pursuant thereto including the timely payment of registration fees;

2. Falsifies or makes misleading statements in the application for registration;

3. Falsifies or makes misleading statements in any documents which were utilized to obtain a registration;

4. Alters registration documents;

5. Falsifies required records;

6. Aids, abets, combines with, or conspires with any person for any purpose which will evade or be in violation of the provisions of the Act or any rules promulgated pursuant thereto; or

7. Allows a registration to be used by any person for any purpose which will evade or be in violation of the provisions of the Act or any rules promulgated pursuant thereto.

(b) Except as provided in N.J.S.A. 26:2D-12 in cases of emergency, no registration shall be denied, modified, suspended or revoked prior to a hearing conducted by the Office of Administrative Law pursuant to N.J.S.A. 52:14B-1 et seq., the Administrative Procedure Act, and N.J.A.C. 1:1-1 et seq., the Uniform Administrative Practice Rules, on the basis of a Notice of Intent filed by the Department stating the grounds for denial, suspension, modification or revocation of a registration.

(c) The Department may terminate a registration upon request submitted by the registrant to the Department in writing.

N.J. Admin. Code § 7:28-3.10

Amended by R.2005 d.156, effective 5/16/2005.
See: 36 N.J.R. 2336(a), 37 N.J.R. 1826(a).
Inserted a reference to a radioactive materials registrant in (a) and (c).
Amended by R.2008 d.281, effective 9/15/2008 (operative September 30, 2009).
See: 40 N.J.R. 2309(a), 40 N.J.R. 5196(b), 41 N.J.R. 3415(a).
Section was "Denial of an application for registration, and suspension, modification, or revocation of registration of ionizing radiation-producing machines, radioactive by-product material, source material or special nuclear material". In the introductory paragraph of (a), deleted "radioactive by-product material, source material or special nuclear material" following "machines" and ", radioactive materials registrant" following "applicant"; and in (c), deleted "radioactive materials registrant or" preceding "registrant".