105 CMR, § 120.322 - Revocation or Suspension of an I.D. Card

(A) Any radiographer who violates 105 CMR 120.000 may be required to show cause at a formal hearing why his/her I.D. card should not be revoked or suspended.

(B) When an Agency order has been issued for an industrial radiographer to cease and desist from the use of radioactive material or revoking or suspending his/her I.D. card, the industrial radiographer shall surrender the I.D. card to the Agency until such time as the order is changed or the suspension expires.

(C) The Agency may act to suspend or revoke an individual's certification for any one or a combination of the following causes:

(1) Knowingly causing a material misstatement or misrepresentation to be made in the application for initial certification or renewal of certification if such misstatement or misrepresentation would impair the Agency's ability to assess and evaluate the applicant's qualifications for certification pursuant to 105 CMR 120.321;

(2) Knowingly falsifying records of employees when such falsification would impair the Agency's ability to assess and evaluate the applicant's qualifications for certification pursuant to 105 CMR 120.321;

(3) Willfully evading the statute or regulations pertaining to certification, or willfully aiding another person in evading such statute or regulations pertaining to certification;

(4) Exhibiting significant or repeated incompetence in the performance of industrial radiography duties;

(5) Performing industrial radiography in such a manner that requirements of 105 CMR 120.300 are violated resulting in a threat to health and safety of the individual, other workers or the public;

(6) Having had a similar certification suspended or revoked if the grounds for that suspension or revocation are the same or equivalent to one or more grounds for suspension or revocation as set forth in 105 CMR 120.016(C);

(7) Failure to maintain the out-of-state certification upon which certification by reciprocity was issued;

(D) If, based upon any of the grounds in 105 CMR 120.322(C), the Agency determines that action to suspend or revoke certification is warranted, the Agency shall notify the individual and shall provide an opportunity for a hearing in accordance with 801 CMR 1.01 et seq. An opportunity for a hearing shall be provided before the Agency takes action to suspend or revoke an individual's certification unless the Agency finds that an immediate suspension of certification is required to protect against immediate danger to the public health or safety, in which case the Agency shall suspend an individual's certification pending a hearing.

(E) If the Agency finds that removal of certification is warranted, the usual action shall be a suspension of certification for up to one year. The term of suspension may be reduced by the Director of the Radiation Control Program, upon the recommendation of the hearing officer, if the hearing officer finds, based upon evidence presented to him/her during a hearing, that the conditions leading to the Preliminary Order for Suspension can be cured in less than one year. However, if the Agency finds that the causes are of a serious or continuous nature, such as past actions which posed an immediate threat to occupational or public health or safety, deficiencies that cannot be cured within one year, the Agency shall revoke the individual's certification.

(F) When an individual's certification is suspended or revoked, the individual shall surrender his/her certification document to the Agency until the termination of the suspension period or until reissuance of the certification.

(G) An individual whose certification has been revoked may seek reinstatement of certification by filing with the Agency a petition for reinstatement. Such petition may be filed one year or more after the beginning of the revocation period.

Notes

105 CMR, § 120.322