| (B) No registrant, contractor or subcontractor of a
registrant shall discharge or in any manner discriminate against any
worker because of the following:
(i) such worker has filed any request or instituted
or caused to be instituted any proceeding under this section;
(ii) such worker has testified or is about to testify
in any such proceeding; or
(iii) because of the exercise by such worker on behalf
of that individual or others of any option afforded by this section.
(C) Inspections not warranted.
(i) If the agency determines, with respect to a request
under subparagraphs (A) and (B) of this paragraph, that an inspection
is not warranted because there are no reasonable grounds to believe
that a violation exists or has occurred, the agency shall notify the
requestor in writing of such determination. The requestor may obtain
review of such determination in accordance with the provisions of
the Act and the Government Code, Chapters 2001 and 2002.
(ii) If the agency determines that an inspection is
not warranted because the requirements of this paragraph have not
been met, the agency shall notify the requestor in writing of such
determination. Such determination shall be without prejudice to the
filing of a new request meeting the requirements of this paragraph.
(D) Agency inspectors are required to have special
training in the design and uses of medical x-ray equipment. Inspector
training requirements and standards will be detailed in the Radiation
Control Program policies and procedures manual.
(3) Hearing and enforcement procedures.
(A) Violations.
(i) A court injunction or agency order may be issued
prohibiting any violation of any provision of the Act or any requirement
of this section or order issued thereunder.
(ii) Any person who violates any provision of the Act
or any requirement of this section or order issued thereunder may
be subject to civil or administrative penalties.
(iii) Such person may also be guilty of a misdemeanor
and upon conviction, may be punished by fine or imprisonment or both,
as provided by law.
(B) Denial of an application for a certificate of registration.
(i) When the agency contemplates denial of an application
for certificate of registration as outlined in subparagraph (A)(i)
of this paragraph, the registrant shall be afforded the opportunity
for a hearing. Notice of the denial shall be delivered to the registrant
by mail, addressed to the last known address of the registrant.
(ii) Any applicant or registrant against whom the agency
contemplates denial of an application may request a hearing by submitting
a written request to the director within 30 days after service of
the notice or date of mailing.
(I) The written request for a hearing shall contain
the following:
(-a-) statement requesting a hearing; and
(-b-) name and address of the applicant or registrant.
(II) Failure to submit a written request for a hearing
within 30 days after notice is sent will render the agency action
final.
(C) Compliance procedures for registrants and other
persons.
(i) A registrant or other person who commits a violation
will be issued a notice of violation. The person receiving the notice
shall provide the agency with a written statement and supporting documentation
by the date stated in the notice describing the following:
(I) steps taken by the person and the results achieved;
(II) corrective steps to be taken to prevent recurrence;
and
(III) the date when full compliance was or is expected
to be achieved. The agency may require responses to notices of violation
to be under oath.
(ii) The terms and conditions of all certificates of
registration shall be subject to amendment or modification. A certificate
of registration may be modified, suspended, or revoked by reason of
amendments to the Act, or for violation of the Act, the requirements
of this section, a condition of the certificate of registration, or
an order of the agency.
(iii) Any certificate of registration may be modified,
suspended, or revoked in whole or in part, for any of the following:
(I) any material false statement in the application
or any statement of fact required in accordance with provisions of
the Act;
(II) conditions revealed by such application or statement
of fact or any report, record, or inspection, or other means that
would warrant the agency to refuse to grant a certificate of registration
on an original application;
(III) violation of, or failure to observe any of the
applicable terms and conditions of the Act, this section, or of the
certificate of registration, or order of the agency; or
(IV) existing conditions that constitute a substantial
threat to the public health or safety or the environment.
(iv) If another state or federal entity takes an action
such as modification, revocation, or suspension of the certificate
of registration, the agency may take a similar action against the
registrant.
(v) When the agency determines that the action provided
for in clause (viii) of this subparagraph or subparagraph (D) of this
paragraph is not to be taken immediately, the agency may offer the
registrant an opportunity to attend an informal conference to discuss
the following with the agency:
(I) methods and schedules for correcting the violations;
or
(II) methods and schedules for showing compliance with
applicable provisions of the Act, the requirements of this section,
certificate of registration conditions, or any orders of the agency.
(vi) Notice of any informal conference shall be delivered
by personal service, or certified mail, addressed to the last known
address. An informal conference is not a prerequisite for the action
to be taken in accordance with clause (viii) of this subparagraph
or subparagraph (D) of this paragraph.
(vii) Except in cases in which the occupational and
public health or safety requires otherwise, no certificate of registration
shall be suspended or revoked unless, before the institution of proceedings
therefore, facts or conduct that may warrant such action shall have
been called to the attention of the registrant in writing, and the
registrant shall have been afforded an opportunity to demonstrate
compliance with all lawful requirements.
(viii) When the agency contemplates modification, suspension,
or revocation of the certificate of registration, the registrant shall
be afforded the opportunity for a hearing. Notice of the contemplated
action, along with a complaint, shall be given to the registrant by
personal service or certified mail, addressed to the last known address.
(ix) Any applicant or registrant against whom the agency
contemplates an action described in clause (viii) of this subparagraph
may request a hearing by submitting a written request to the director
within 30 days after service of the notice.
(I) The written request for a hearing shall contain
the following:
(-a-) statement requesting a hearing;
(-b-) name, address, and identification number of the
registrant against whom the action is being taken.
(II) Failure to submit a written request for a hearing
within 30 days after notice is sent will render the agency action
final.
(D) Assessment of administrative penalties.
(i) When the agency determines that monetary penalties
are appropriate, proposals for assessment of and hearings on administrative
penalties shall be made in accordance with Health and Safety Code, §401.384;
Title 1, Texas Administrative Code, Chapter 155; and applicable sections
of the Formal Hearing Procedures, §§1.21, 1.23, 1.25, and
1.27 of this title.
(ii) Assessment of administrative penalties shall be
based on the following criteria:
(I) the seriousness of the violations;
(II) previous compliance history;
(III) the amount necessary to deter future violations;
(IV) efforts to correct the violations; and
(V) any other mitigating or enhancing factors.
(iii) Application of administrative penalties. The
agency may impose differing levels of penalties for different severity
level violations and different classes of users as follows.
(I) Administrative penalties may be imposed for severity
level I and II violations. Administrative penalties may be imposed
for severity level III, IV, and V violations when the violations are
combined with those of higher severity levels or for repeated violations.
(II) The following Tables A and B show the base administrative
penalties.
Attached Graphic
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