§ 23-1.3-8 - Notification of violation and order of abatement.
SECTION 23-1.3-8
§ 23-1.3-8 Notification of violation andorder of abatement. – Whenever the administrator or his or her authorized representative finds uponinspection and examination of a radiation source as constructed, operated, ormaintained or through any other authorized means that there has been aviolation of any of the provisions of this chapter or any codes, rules,regulations promulgated under the provisions of this chapter, he or she shallnotify any person found to be causing, allowing, or permitting the violation ofthe nature of that violation and order that prior to a time fixed by theadministrator, which shall not be later than ten (10) days from the date ofservice of the notice, that the person shall cease and abate causing, allowing,or permitting the violation and take any action that may be necessary to complywith this chapter and codes, rules, or regulations promulgated under theprovisions of this chapter. In any proceeding under this chapter for granting,suspending, revoking, or amending any license, or for determining compliancewith or granting exemptions from rules and regulations of the agency, theagency shall afford an opportunity for a hearing on the record upon the requestof any person whose interest may be affected by the proceeding, and shall admitany interested person as a party to the proceeding. Any person aggrieved by thefinding or order of the agency may request a hearing before the director ofhealth or his or her authorized representative, at any time within fifteen (15)days after notification, and the director of health may affirm the finding ororder of the agency or reverse or modify the finding or order of the agency.Any person aggrieved by the finding or order of the director of health maybring a civil action in superior court at any time within thirty (30) daysafter being notified of the finding or order, and the court may proceed in asummary manner or otherwise, and may affirm the finding or order of the agencyor director of health or reverse or modify the finding or order of the agencyor director of health in whole or in part as the court shall deem just andreasonable.