Ohio Admin. Code 3701:1-38-06 - License or registration adjudication orders; late fees; impoundment; administrative monetary penalty
(A) The director may suspend or revoke a
license or a certificate of registration, or issue adjudication orders for
failure by the licensee or registrant to comply with Chapter 3748. of the
Revised Code or a rule adopted thereunder. Except as otherwise provided in
paragraphs (B), and (D) to (F) of this rule, prior to suspending or revoking a
license or certificate of registration, the director shall first give written
notice of violation to the licensee or registrant, by certified mail,
return-receipt requested, specifying the section of Chapter 3748. of the
Revised Code or the rule violated and specifically describing the violation.
The notice of violation shall include information concerning the applicable
penalties established under sections
3748.19 and
3748.99 of the Revised Code. The
director shall provide the licensee or registrant with an informal meeting
provided that the licensee or registrant requests the meeting and provided that
the meeting is held within thirty days of the date that the licensee or
registrant receives the notice of violation or at a later date as determined by
the director. If, after thirty days from the date the licensee or registrant
received the notice of violation, the facility remains in violation the
director may issue an adjudication order. The adjudication order shall specify
the section of Chapter 3748. of the Revised Code or the rule violated,
specifically describe the violation, specify the action ordered to abate the
violation, and order the action to be taken within a specified reasonable time.
In the order, the director also may propose to suspend or revoke the license or
certificate of registration should the licensee or registrant fail to take the
action specified in the order within the specified time.
(B) If the director determines that an
emergency exists requiring immediate action to protect the public health or
safety, he or she may issue an emergency adjudication order, reciting the
existence of an emergency and specifying the necessary action that shall be
taken to meet the emergency. The order shall be effective immediately, without
notice or hearing, but shall not remain effective for more than ninety days
after its issuance. Any facility to which the order is directed shall comply
immediately.
(C) In the case of a
failure by a licensee or registrant to comply with Chapter 3748. of the Revised
Code or the rules adopted thereunder, the director may issue an adjudication
order, emergency adjudication order, or may propose the suspension or
revocation of the facility's license or registration. The licensee or
registrant shall be notified as soon as practicable that the licensee or
registrant may appeal any adjudication order, emergency adjudication order, or
proposed license or registration suspension or revocation in accordance with
Chapter 119. of the Revised Code, provided that the licensee or registrant
requests a hearing within thirty days of the time of mailing the order or
proposed suspension or revocation. In the case of an emergency adjudication
order, the hearing shall be held within thirty days of the request. The
director may continue, modify, suspend or revoke an adjudication order at any
time, or withdraw a proposed suspension or revocation prior to a final order.
In accordance with Chapter 3748. of the Revised Code and this rule, the
director may concurrently assert against a licensee or registrant more than one
administrative remedy. In the event the licensee or registrant appeals more
than one administrative action, the director may consolidate into one hearing
any or all issues to be heard.
(D)
Registration, license, and inspection fees shall be paid no later than thirty
days after the invoice for the fee is mailed. In accordance with sections
3748.07 and
3748.13 of the Revised Code,
any fee that remains unpaid on the ninety-first day
after the original invoice date shall be assessed an additional amount equal to
ten per cent of the original fee.
fees that are
not paid to the department within ninety days of the original invoice date
shall be assessed at two times the original invoiced fee. Fees that are not
paid within one hundred eighty days of the original invoiced date shall be
assessed at five times the original invoiced fee. All invoices issued
by the department shall include thereon information regarding the assessment
for late payment or nonpayment that is specified in division (B) of section
3748.13 of the Revised Code.
(1) The department shall mail invoices by
ordinary United States mail to the most recent address provided by the
registrant or licensee on his or her application or current
registration.
(2) The department
shall maintain a list of the invoices issued and date mailed.
(3) The director may suspend or
revoke a registration or license if the registrant or licensee does not pay the
invoiced fees within one hundred eighty days of the original invoiced
date.
(E) The director may impound or order the
impounding of sources of radiation that are not stored, used, or disposed of in
accordance with Chapter 3748. of the Revised Code or the rules adopted under it
if the source of radiation has been abandoned or if the owner cannot be
identified or located. If the director determines that an emergency exists
requiring immediate impoundment to protect the public health or safety, the
director may issue an emergency adjudication order in accordance with paragraph
(B) of this rule. The director may make any disposition of the source of
radiation consistent with Chapter 3748. of the Revised Code and the rules
adopted thereunder.
(F) If the
director determines that a licensee has failed to comply with Chapter 3748. of
the Revised Code or the rules adopted thereunder, the director may at any time
assess and collect an administrative monetary penalty in accordance with rules
adopted pursuant to section
3748.05 of the Revised Code. The
director may assess the administrative penalty independent of any and all other
remedies that may be asserted by the department but may not assess any
administrative monetary penalty until specified by rule in accordance with
section 3748.05 of the Revised Code. The
licensee may appeal the assessment of an administrative monetary penalty in
accordance with Chapter 119. of the Revised Code, provided that the licensee
requests a hearing within thirty days of the time of mailing the administrative
penalty assessment.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.07, 3748.17
Prior Effective Dates: 04/30/1998, 10/22/2006, 04/15/2013
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.07, 3748.17
Prior Effective Dates: 04/30/1998, 10/22/2006, 04/15/2013
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