Current through Register Vol. 46, No. 39, September 25, 2024
(a) On disapproval
of applications. If the department disapproves any application filed pursuant
to section
16.102
of this Part:
(1) The department will conduct
a hearing if the applicant files with the department a written petition within
30 days after receipt of such notice of disapproval, and the petition:
(i) asserts that such disapproval was, and
the respect in which it was, improper; and
(ii) requests a hearing.
(2) Having determined to conduct a hearing on
the issues raised in an applicant's petition, the department will give written
notice by personal delivery or by certified or registered mail to the applicant
at least 20 days prior to such hearing, informing that person that he/she may
be present and heard at the hearing.
(b) On amendment, suspension or revocation of
licenses; imposition of additional requirements; transfer or surrender of
radioactive material. Except in any case of willfulness or in which the public
health or safety requires otherwise, or in which an administrative correction
is required, the department shall not amend, suspend or revoke any license
pursuant to section
16.107
of this Part, or impose additional requirements on the possessor of a radiation
source or require the transfer or surrender of radioactive material pursuant to
section
16.18
of this Part, unless the prior consent of the licensee or person involved has
first been obtained, without first:
(1)
notifying in writing such licensee or person of the facts or conduct which may
warrant such amendment, suspension, revocation, additional requirement,
transfer or surrender, and giving such licensee or person a reasonable
opportunity to demonstrate or achieve compliance with all lawful requirements;
and
(2) conducting a hearing if the
licensee or person files with the department a written petition within 30 days
after receipt of such notice, and the petition:
(i) asserts that such amendment, suspension,
revocation. additional requirement, transfer or surrender would be, and the
respects in which it would be improper; and
(ii) requests a hearing;
(3) giving written notice by personal
delivery or by certified or registered mail to the licensee or person at least
20 days prior to any hearing ordered pursuant to paragraph (2) of this
subdivision. Such notice will inform the licensee or person that he/she may be
present and heard at the hearing.
