30-688. Escalated enforcement action; orders; hearings; appeals

A. To enforce this chapter, the agency shall, by rule and regulation, prescribe procedures for implementing an escalated enforcement action. An escalated enforcement action may include actions such as an informal hearing, impounding of radiation sources, assessment of civil penalties, an order modifying, suspending or revoking a license issued under this chapter or recommending prosecution of a criminal action.

B. The director may, as part of an escalated enforcement action, issue an order providing for an immediate suspension of a license issued under this section without notice or hearing if the director determines that a potential threat to the public health and safety exists.

C. The board shall conduct a hearing within ten days after the date of the director's order unless the person against whom the order is directed waives the right to a hearing within ten days. If the ten day hearing requirement is waived, the board shall set the date for a hearing on the director's order within thirty days after the date of the order or within a time mutually agreeable to the interested parties. The purpose of the hearing is to review the decision of the director to issue the order. The board shall make findings of fact and may continue, suspend or modify the director's order.

D. The board shall not waive the ten day hearing requirement for any reason other than at the request of the person against whom the order was directed.

30-688. Escalated enforcement action; orders; hearings; appeals

A. To enforce this chapter, the agency shall, by rule and regulation, prescribe procedures for implementing an escalated enforcement action. An escalated enforcement action may include actions such as an informal hearing, impounding of radiation sources, assessment of civil penalties, an order modifying, suspending or revoking a license issued under this chapter or recommending prosecution of a criminal action.

B. The director may, as part of an escalated enforcement action, issue an order providing for an immediate suspension of a license issued under this section without notice or hearing if the director determines that a potential threat to the public health and safety exists.

C. The board shall conduct a hearing within ten days after the date of the director's order unless the person against whom the order is directed waives the right to a hearing within ten days. If the ten day hearing requirement is waived, the board shall set the date for a hearing on the director's order within thirty days after the date of the order or within a time mutually agreeable to the interested parties. The purpose of the hearing is to review the decision of the director to issue the order. The board shall make findings of fact and may continue, suspend or modify the director's order.

D. The board shall not waive the ten day hearing requirement for any reason other than at the request of the person against whom the order was directed.