Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 223 - RULES RELATING TO TANNING FACILITIES › Section 144-223-8 - ENFORCEMENT AND PENALTIES

Current through 2024-29, July 17, 2024
A.
Civil
				Penalties.
In accordance with 22 M.R.S. §690(2), a civil penalty
				shall 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 these rules, is subject to a civil
				penalty.
(2) A civil penalty shall
				be imposed by the Department, in the amount of $200, for each violation. If any
				violation is a continuing violation, each day of the violation shall constitute
				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 M.R.S. §690(2), the Department may notify the Attorney
				General or hold a public hearing. If a hearing is scheduled, the commissioner
				shall give at least 30 days' written notice to the alleged violator of the
				date, time and place of that hearing. The notice shall 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 advising of each penalty which
				  the Department proposes to impose and its amount. The notice shall 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 shall be in accordance with
				the provisions of the Maine Administrative Procedure Act, Title 5, Chapter 375.
				At the hearing, the alleged violator 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
				him/her to comply with 22 M.R.S., 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 6 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 shall 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.