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.
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