Iowa Administrative Code
Agency 641 - PUBLIC HEALTH DEPARTMENT
Chapter 42 - PERMIT TO OPERATE IONIZING RADIATION PRODUCING MACHINES OR ADMINISTER RADIOACTIVE MATERIALS
Rule 641-42.23 - Procedures for demand for information, notice of proposed action, and orders for penalties, suspensions, revocations, and civil penalties for all individuals under this chapter
Universal Citation: IA Admin Code 641-42.23
Current through Register Vol. 46, No. 19, March 20, 2024
These actions may be imposed on any permit holder who violates any rule in this chapter.
(1) Demand for information.
a.
The department may issue a demand for information for the purpose of
determining whether any further action shall be taken. The demand shall state
the alleged violations and allow the individual 20 days from the date of the
letter to file a written answer with the department.
b. The individual must file a written answer
to the department. The answer shall specifically admit or deny each allegation
or charge made in the demand for information and provide fact and law on which
the answer relies, set forth reasons why the demand should not have been
issued, and if the requested information is not provided, the reasons why it is
not provided.
c. Upon review of the
answer, the department may institute the next level of proceeding or consider
the matter closed. If no answer is filed, the department shall institute the
notice of proposed action.
(2) Procedures for enforcement actions.
a.
Notice of
proposed action.
(1) In response to
an alleged violation of any provision of the Iowa Code, these rules, or any
order issued by the department, the department may issue a written notice of
proposed action. The notice of proposed action shall concisely state the
alleged violation(s), the action the department is proposing, the time period
in which a written response must be received, and the process for requesting a
hearing.
(2) A written response
must state any facts, explanations, or arguments denying the violations or must
demonstrate any extenuating circumstances, error in the notice, or other reason
why the proposed action should not be imposed. Responses may also request
remission or mitigation of any penalty.
(3) If a request for a hearing is received
within the allotted time period, the proposed action shall be suspended pending
the outcome of the hearing. Prior to or at the hearing, the department may
rescind the notice of proposed action upon satisfaction that the reason for the
proposed action has been resolved.
(4) If no answer is filed, the department
shall institute the order.
b.
Order. An order may be
issued upon response to the notice of proposed action or if no answer to the
notice has been filed. The order may institute a proceeding to impose a penalty
or suspend, revoke, or place on probation the individual's permit, or issue a
civil penalty. An order shall concisely state the violation(s), the action the
department has imposed, the effective date of the order, the time period for
written response to be received by the department, and the process for
requesting a hearing. If there has been consent in writing to the notice of
proposed action, no written response to the order is necessary.
(1) If a request for a hearing is received
within the allotted time period, the proposed action of the order shall be
suspended pending the outcome of the hearing. Prior to or at the hearing, the
department may rescind the order upon satisfaction that the reason for the
proposed action has been resolved.
(2) If no answer is filed, the department
shall institute the order. A consent to the order shall constitute a waiver to
a hearing, findings of fact and conclusions of law, and of all right to seek
department and judicial review or to contest the validity of the order in any
form as to those matters which have been consented to or agreed to or on which
a hearing has not been requested. An order that has been consented to shall
have the same force and effect as an order made after hearing by a presiding
officer or the department and shall be effective as provided in the order.
Failure to comply with an order either consented to or validated by a hearing
officer shall result in further enforcement action.
c.
Civil penalty. Before
instituting any proceeding to impose a civil penalty, the department shall
serve written notice of violation upon the individual charged. This notice
shall be included in the notice of proposed action or order issued. The notice
of proposed action or order shall specify the amount of each proposed penalty
for each alleged violation. The notice or order shall state that the amount
charged may be paid as specified or protested in its entirety or in part. Upon
final action of a civil penalty, payment must be made within the specified time
stated in the order or the department may refer the matter to the attorney
general for collection.
d.
Settlement and compromise. At any time after the issuance of a
notice or order designating the time and place of hearing in response to an
order, the department and the regulated individual may enter into a stipulation
for a settlement or compromise of the notice or order. The stipulation of
compromise shall be subject to approval by the designated presiding officer or,
if none has been designated, by the chief administrative law judge. The
presiding officer or chief administrative law judge may order such adjudication
of the issued notice or order as deemed to be required in the public interest
to dispose of the proceeding. If approved, the terms of the settlement or
compromise shall be embodied in a decision or order settling and discontinuing
the proceeding.
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