Ill. Admin. Code tit. 32, § 405.150 - Civil Penalties
a) The
Agency shall assess civil penalties, in accordance with subsection (c) of this
Section, against any individual who performs industrial radiography without
valid certification.
b) Prior to assessing
civil penalties, the Agency shall confirm the violation of the certification
requirements by:
1) Observation of the
violation;
2) Obtaining records,
documents or other physical evidence;
3) Obtaining statements from either the
employer or the employee which confirm the existence of the violation;
or
4) Obtaining statements from
third parties (e.g., co-workers) that corroborate the allegation that a
violation has occurred.
c) Civil penalties shall be assessed against
individuals who perform industrial radiography without certification (i.e.,
uncertified radiographer) as follows:
1)
First violation by an uncertified individual - $250.
2) Second violation by an uncertified
individual - $500.
3) Third and
subsequent violation by an uncertified individual - $1,000 for each
violation.
d) The Agency
may commence administrative proceedings for the assessment and collection of
civil penalties by sending a Notice of Violation. The Notice shall give the
individual an opportunity to pay the penalty without further action from the
Agency .
e) Failure of an individual
to abate a certification violation or to pay the civil penalty as directed may
cause the Agency to issue a Preliminary Order and Notice of Opportunity for
Hearing as provided in 32 Ill. Adm. Code 200.
Notes
Amended at 32 Ill. Reg. 13161, effective July 24, 2008
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