Arizona Administrative Code (Last Updated: November 17, 2016) |
Title 12. NATURAL RESOURCES |
Chapter 1. RADIATION REGULATORY AGENCY |
Article 12. ADMINISTRATIVE PROVISIONS |
Section R12-1-1216. Civil Penalties
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A. Except as augmented by R12-1-1217, the schedule of civil penalties is as follows:
1. Severity level I violations:
a. Division I registration or license -- $4,000;
b. Division II registration or license -- $3,000;
c. Division III registration or license -- $2,000.
2. Severity level II violations:
a. Division I registration or license -- $3,000;
b. Division II registration or license -- $2,000;
c. Division III registration or license -- $1,000.
3. Severity level III violations:
a. Division I registration or license -- $2,000;
b. Division II registration or license -- $1,000;
c. Division III registration or license -- $500.
4. Severity level IV violations:
a. Division I registration or license -- $1,000;
b. Division II registration or license -- $500;
c. Division III registration or license -- $250.
5. Severity level V violations:
a. Division I registration or license -- $500,
b. Division II registration or license -- $250,
c. Division III registration or license -- $125.
B. Payment of civil penalties for severity level I and severity level II violations may not be avoided merely by rectifying the condition; however, the Board may mitigate or waive the pen- alty upon determining a violation meets all of the following:
1. It was not a violation that could reasonably be expected to have been prevented by the licensee’s or registrant’s cor- rective action for a previous violation or a previous licensee or registrant finding;
2. It was or will be corrected within the time given for cor- rections, by specific corrective action committed to by the licensee or registrant by the end of the inspection, which includes immediate and comprehensive measures to prevent recurrence;
3. It was not a willful violation.
C. The Director or Board shall waive payment of penalties for severity level III through severity level V violations provided:
1. The violation is not subject to augmentation under R12-1- 1217; and
2. The registrant or licensee submits a timely and adequate response to the notice; rectifies the conditions which appear to have caused the violation; and complies with the Act, 12 A.A.C. 1, registration, and license conditions.
Historical Note
Adopted effective January 2, 1996 (Supp. 96-1).
Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2). Amended by final rulemak-
ing at 9 A.A.R. 4302, effective November 14, 2003
(Supp. 03-3).