Utah Admin. Code R313-14-10 - Severity of Violations
(1) Violations
are placed in one of two major categories. These categories are:
(a) electronically produced radiation
operations; or
(b) radioactive
materials operations.
(2) Regulatory requirements vary in public
health and environmental safety significance. Therefore, it is essential that
the relative importance of violations be identified as the first step in the
enforcement process. Based upon their relative hazard, violations are assigned
to one of five levels of severity.
(3) Severity Level I is assigned to
violations that are the most significant and Severity Level V violations are
the least significant. In general, violations that are included in Severity
Levels I and II involve actual or high potential impact on the public. Severity
Level III violations are cause for significant concern. Severity Level IV
violations are less serious but are of more than minor concern, however, if
left uncorrected, they could lead to a more serious concern. Severity Level V
violations are of minor safety or environmental concern.
(4) The severity of a violation shall be
characterized at the level best suited to the significance of the particular
violation. A severity level may be increased if circumstances surrounding the
violation involve careless disregard of requirements, deception, or other
indications of willfulness. In determining the specific severity level of a
violation involving willfulness, relevant factors will be considered, including
the position of the person involved in the violation, the significance of an
underlying violation, the intent of the violator, and the economic advantage
gained by the violation. The relative weight given to these factors in arriving
at the appropriate severity level is dependent on the circumstances of the
violation.
(5) The severity level
assigned to material false statements may be Severity Level I, II, or III,
depending on the circumstances surrounding the statement. In determining the
specific severity level of a violation involving material false statements or
falsification of records, consideration is given to factors like the position
of the person involved in the violation, for example, a first line supervisor
as opposed to a senior manager, the significance of the information involved,
and the intent of the violator. Negligence not amounting to careless disregard
would be weighted differently than careless disregard or deliberateness. The
relative weight given to these factors in arriving at the appropriate severity
level is dependent on the circumstances of the violation.
Notes
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