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.
B.
Criminal Penalties. In
accordance with 22 M.R.S. §690(1), criminal penalties may be assessed for
intentional or knowing violation of the Radiation Protection Act, or a rule or
order of the Department in effect, pursuant to the Radiation Protection Act.
Criminal violation is a Class D crime, and also the result of the violation of
a term, condition or limitation of a license or registration certificate issued
under the Radiation Protection Act, or a violation for which a license or
registration certificate may be revoked under these Rules.
