Mississippi Administrative Code
Title 15 - Mississippi Department of Health
Part 21 - Division of Radiological Health
Subpart 78 - Radiological Health
Chapter 1 - REGULATIONS FOR CONTROL OF RADIATION IN MISSISSIPPI
Subchapter 1 - General Provisions
Rule 15-21-78-1.1.12 - Deliberate Misconduct

Universal Citation: MS Code of Rules 15-21-78-1.1.12

Current through September 24, 2024

1. Any licensee, certificate holder, quality assurance program approval holder, or registrant; applicant for a license, certificate, quality assurance program approval, or registration; employee of a licensee, certificate holder, quality assurance program approval holder, registrant or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee, certificate holder, quality assurance program approval holder, or registrant or applicant, who knowingly provides to any licensee, certificate holder, quality assurance program approval holder, registrant, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's, certificate holders, quality assurance program approval holders, registrants or applicant's activities in these regulations, may not:

a. Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate holder, quality assurance program approval holder, registrant, or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license, certificate, approval or registration issued by the Agency; or

b. Deliberately submit to the Agency, a licensee, certificate holder, quality assurance program approval holder, registrant, an applicant, or a licensee's, certificate holders, quality assurance program approval holders registrants or applicant's, contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Agency.

2. A person who violates 1.1.12(1)(a) or (1)(b) of this section may be subject to enforcement action in accordance with the procedures in 1.1.17 and Chapter 45-14-37 of the Act.

3. For the purposes of 1.1.12(1)(a) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows:

a. Would cause a licensee, certificate holder, quality assurance program approval holder, registrant or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license or registration issued by the Agency; or

b. Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate holder, quality assurance program approval holder, registrant, applicant, contractor, or subcontractor.

Miss. Code Ann. § 45-14-11

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