Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-06 - License or registration adjudication orders; late fees; impoundment; administrative monetary penalty

Current through all regulations passed and filed through July 1, 2024
(A) The director may suspend or revoke a
			 license or a certificate of registration, or issue adjudication orders for
			 failure by the licensee or registrant to comply with Chapter 3748. of the
			 Revised Code or a rule adopted thereunder. Except as otherwise provided in
			 paragraphs (B), and (D) to (F) of this rule, prior to suspending or revoking a
			 license or certificate of registration, the director shall first give written
			 notice of violation to the licensee or registrant, by certified mail,
			 return-receipt requested, specifying the section of Chapter 3748. of the
			 Revised Code or the rule violated and specifically describing the violation.
			 The notice of violation shall include information concerning the applicable
			 penalties established under sections
			 3748.19 and
			 3748.99 of the Revised Code. The
			 director shall provide the licensee or registrant with an informal meeting
			 provided that the licensee or registrant requests the meeting and provided that
			 the meeting is held within thirty days of the date that the licensee or
			 registrant receives the notice of violation or at a later date as determined by
			 the director. If, after thirty days from the date the licensee or registrant
			 received the notice of violation, the facility remains in violation the
			 director may issue an adjudication order. The adjudication order shall specify
			 the section of Chapter 3748. of the Revised Code or the rule violated,
			 specifically describe the violation, specify the action ordered to abate the
			 violation, and order the action to be taken within a specified reasonable time.
			 In the order, the director also may propose to suspend or revoke the license or
			 certificate of registration should the licensee or registrant fail to take the
			 action specified in the order within the specified time.
(B) If the director determines that an
			 emergency exists requiring immediate action to protect the public health or
			 safety, he or she may issue an emergency adjudication order, reciting the
			 existence of an emergency and specifying the necessary action that shall be
			 taken to meet the emergency. The order shall be effective immediately, without
			 notice or hearing, but shall not remain effective for more than ninety days
			 after its issuance. Any facility to which the order is directed shall comply
			 immediately.
(C) In the case of a
			 failure by a licensee or registrant to comply with Chapter 3748. of the Revised
			 Code or the rules adopted thereunder, the director may issue an adjudication
			 order, emergency adjudication order, or may propose the suspension or
			 revocation of the facility's license or registration. The licensee or
			 registrant shall be notified as soon as practicable that the licensee or
			 registrant may appeal any adjudication order, emergency adjudication order, or
			 proposed license or registration suspension or revocation in accordance with
			 Chapter 119. of the Revised Code, provided that the licensee or registrant
			 requests a hearing within thirty days of the time of mailing the order or
			 proposed suspension or revocation. In the case of an emergency adjudication
			 order, the hearing shall be held within thirty days of the request. The
			 director may continue, modify, suspend or revoke an adjudication order at any
			 time, or withdraw a proposed suspension or revocation prior to a final order.
			 In accordance with Chapter 3748. of the Revised Code and this rule, the
			 director may concurrently assert against a licensee or registrant more than one
			 administrative remedy. In the event the licensee or registrant appeals more
			 than one administrative action, the director may consolidate into one hearing
			 any or all issues to be heard.
(D)
			 Registration, license, and inspection fees shall be paid no later than thirty
			 days after the invoice for the fee is mailed. In accordance with sections
			 3748.07 and
			 3748.13 of the Revised Code,
			 any fee that remains unpaid on the ninety-first day
			 after the original invoice date shall be assessed an additional amount equal to
			 ten per cent of the original fee. All invoices issued
			 by the department shall include thereon information regarding the assessment
			 for late payment or nonpayment that is specified in division (B) of section
			 3748.13 of the Revised Code.
(1) The department shall mail invoices by
			 ordinary United States mail to the most recent address provided by the
			 registrant or licensee on his or her application or current
			 registration.
(2) The department
			 shall maintain a list of the invoices issued and date mailed.