§ 22-14-14 — Penalty for Violation of Article or Rules, Regulations or Orders; Notice of Possible Liability for Civil Penalty; Civil Action by Attorney General; Considerations Affecting Amount of Civil Penalty; Maximum Penalty on Small Businesses; Payment of Penalty

(a) Any person who willfully violates any of the provisions of this article or rules, regulations or orders of the agency in effect pursuant thereto shall, upon conviction thereof, be punished by a fine not exceeding $1,000.00, or by imprisonment in the county jail or by a sentence to hard labor for the county not exceeding 12 months, or by both fine and imprisonment or hard labor.
(b) Any person who
(1) Violates any licensing provision of Section 22-14-4 or Section 22-14-6 or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license issued thereunder, or
(2) Commits any violation for which a license may be revoked under Section 22-14-11, shall be subject to a civil penalty to be imposed by the State Radiation Control Agency not to exceed $10,000.00 for each such violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The State Radiation Control Agency shall have the power to compromise, mitigate, or remit such penalties.
(c) Whenever the State Radiation Control Agency has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall notify such person in writing:
(1) Setting forth the date(s), facts, and nature of each act or omission with which the person is charged,
(2) Specifically identifying the particular provision or provisions of the section, rule, or regulation, order, or license involved in the violation, and
(3) Advising of each penalty which the State Radiation Control Agency proposes to impose and its amount.
Such written notice shall be sent by registered mail by the State Radiation Control Agency to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within a reasonable period as the State Radiation Control Agency shall by regulation provide, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the State Radiation Control Agency, if any, the penalty may be collected by civil action.
(d) Upon the request of the director of the State Radiation Control Agency, the Attorney General is authorized to institute a civil action to collect a civil penalty imposed pursuant to this section. The Attorney General shall have the power to compromise, mitigate, or remit such civil penalties as are referred to him for collection.
(e) In determining the amount of civil penalty, the State Radiation Control Agency shall issue rules, regulations, or orders which consider:
(1) The class or types of licenses or vendors,
(2) The economic effect on the person,
(3) The severity of the violation,
(4) The compliance history of the person, and
(5) The person’s responsiveness with corrective actions.
In addition to the above, for those persons who qualify as a small business pursuant to the laws relating to small business administration loans and nonprofit institutions, the maximum civil penalty stated in subsection (b) above shall be $1,000.00.
(f) All civil penalties, less any costs to the Attorney General’s Office, shall be paid into the General Fund.

Legislative History

(Acts 1963, No. 582, p. 1269, §16; Acts 1988, No. 88-535, p. 817, §1.)