Arizona Administrative Code
Title 9 - HEALTH SERVICES
Chapter 7 - DEPARTMENT OF HEALTH SERVICES - RADIATION CONTROL
Article 12 - ADMINISTRATIVE PROVISIONS
Section R9-7-1214 - Mitigating Factors
Universal Citation: AZ Admin Code R 9-7-1214
Current through Register Vol. 30, No. 38, September 20, 2024
A. The Department may refrain from issuing a Notice of Violation for Severity Level IV or V violations identified by the registrant or licensee provided the severity level IV or V violations are identified in an inspection report, the report includesa brief description of the corrective action, and the violation meets all of the following criteria:
1. It was
identified by the licensee, as a result of an event discovered by the licensee
or registrant;
2. It was not a
violation that could reasonably be expected to have been prevented by the
licensee's or registrant's corrective action for a previous violation or a
previous licensee or registrant finding;
3. It was or will be corrected within a
reasonable time, by specific corrective action committed to by the registrant
or licensee by the end of the inspection. The corrective action shall include
comprehensive measures that will prevent reoccurrence;
4. It was not a willful violation or, if it
was willful:
a. The violation was reported to
the Department;
b. The violation
appears to be the isolated action of an employee without management involvement
and the violation was not caused by lack of management oversignt;
c. Significant remedial action was taken by
the licensee or registrant, demonstrating the seriousness of the violation to
all affected personnel.
B. The Director may:
1. Reduce the scheduled civil penalty,
including any augmentation, by 50% for the discovery, remedy, and voluntary
reporting of a severity level I or II violation by the registrant or licensee;
or
2. Waive the scheduled civil
penalty, including augmented civil penalties, for the discovery, remedy, and
voluntary reporting of a severity level III, I V, or V violation by the
registrant or licensee. For the purposes of this rule, "voluntary reporting"
means that the registrant or licensee has notified the Department of a
violation, the reporting of which may or may not be required under 9 A.A.C.
7.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
