Illinois Administrative Code › Title 32 - ENERGY › Part 310 - GENERAL PROVISIONS FOR RADIATION PROTECTION › Section 310.81 - Policy for Assessment of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Civil penalties shall be assessed in
			 accordance with the provisions of this Section.
b) A civil penalty will be assessed whenever
			 the Agency, based on consideration of the factors set forth in subsection (c),
			 determines that a civil penalty is appropriate and issues a Preliminary Order
			 and Notice of Opportunity for Hearing, in accordance with 32 Ill. Adm. Code
			 200.
c) Factors to be Considered in
			 Assessing Civil Penalties
1) The Agency shall
			 consider the factors contained in subsection (c)(2) to determine whether a
			 penalty should be assessed, as provided in subsection (d), and the amount of
			 the penalty. However, if the Agency has by rule established the amount to be
			 assessed for a particular violation, the Agency shall assess the penalty as
			 specified in that rule without regard to the factors contained in subsection
			 (c)(2).
AGENCY NOTE: For an example of a rule that establishes the
				amount of the civil penalty to be assessed, see 32 Ill. Adm. Code
				401.170, which
				specifies the civil penalties to be assessed for violations of the Agency's
				radiologic technologist accreditation requirements.
2) The factors to be considered by the Agency
			 are:
A) History of Previous Violations. The
			 Agency shall consider the person's history of previous violations of the
			 Radiation Protection Act of 1990, the Agency's rules promulgated under that Act
			 (Title 32, Chapter II, Subchapters b and d) and licenses issued pursuant to the
			 Act. Each prior violation will be considered without regard to whether it led
			 to a civil penalty assessment. A prior violation shall not be considered,
			 however, if the notice or order relating to the prior violation is the subject
			 of pending administrative or judicial review, or if the time to request such
			 review or to appeal any administrative or judicial decision relating to the
			 prior violation has not expired. The Agency shall not consider a prior
			 violation if a Preliminary or Final Order pertaining to that prior violation
			 has been vacated. The Agency shall not consider previous violations that
			 occurred more than 6 years prior to the issuance of the Preliminary Order or
			 other action taken by the Agency for those violations.
B) Severity of the Violation. The Agency
			 shall consider the severity of the violation, including, but not limited to,
			 actual or potential contamination of the environment resulting from the
			 violation and any actual or potential hazard to the health or safety of the
			 public or to workers, resulting from the violation. When evaluating the
			 severity of the violation, the Agency may also consider the impact that the
			 violation has on the Agency's ability to determine compliance with requirements
			 established by statute, regulation or license condition.
C) Culpability. The Agency shall consider
			 whether the person to whom the Preliminary Order was issued was negligent in
			 causing, allowing, or failing to correct the violation, condition, or practice
			 which was cited in the Preliminary Order. The Agency shall also consider:
i) whether the violation was intentional or
			 inadvertent;
ii) whether the
			 violation was allowed to continue once identified;
iii) whether actions were taken to correct or
			 mitigate the violation and the timeliness of those actions; and
iv) whether the violation was voluntarily
			 reported to the Agency.