ML19350A270

From kanterella
Jump to navigation Jump to search
Notice of Proposed Imposition of Civil Penalty in Amount of $1,500 for Item of Noncompliance Noted in IE Insp on 800924-26 & 1002-03
ML19350A270
Person / Time
Issue date: 03/09/1981
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML19350A269 List:
References
EA-81-016, EA-81-16, NUDOCS 8103130368
Download: ML19350A270 (1)


Text

_

6 Anneeeix e NOTICE OF PROPOSED IMPOSITION OF CIVIL PENALTIES Pharmatopes, Incorporated License No. 21-17189-01MD EA 81-16 This office proposes to impose civil penalties pursuant to Section 234 of the Atomic Energy Act of 1954, as a. rended (42 USC 2282) and to 10 CFR 2.205, in the amount of One Thousand Five Hundred Dollars for Items 1. A and 1.B of the Notice of Violation set forth in Appendix A to th cover letter.

In proposing to impose civil penalties pursuant to this sectlan of the Act and in fixing the proposed amount of the penalties, the factors identified in the Statements of Consideration published in the Federal Register with the rule making action which adopted 10 CFR 2.205 (36 FR 16894) August 26, 1971; the " Criteria for Determining Enforcement Action," which was sent to NRC licensees on December 31, 1974, as supplemented by the " Criteria for Enforcement Action for Failure to comply with 10 CFR 71," (44 FR 77135) which was sent to NRC licensees on December 3,1979, have been taken into account.

Pharmatopes, Incorporated may within twenty-five days of the date of this notice pay the civil penalties in the amount of One Thousand Five Hundred Dollars or may protest the imposition of the civil penalties in whole or in part by a written answer.

Should Pharmatopes, Incorporated fail to answer within the time specified, this office will issue an order imposing the civil penalties in the amcunt proposed above.

Should Pharmatopes, Incorporated elect to file an answer protesting the civil penalties, such answer may:

(a) deny the items of noncompliance listed in the Notice of Violation in whole or in part, (b) demonstrate extenuating circumstances, (c) show error in the Notice of Violation, or (d) show other reasons why the penalties should not be imposed.

In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penalties.

Any written answer in accordance with 10 CFR 2.205 should be set forth separately from your statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific reference (e.g., giving l

page and paragraph numbers) to avoid repetition.

Pharmatopes, Incorporated attention is directed to the other provisions of 10 CFR 2.205 regarding, in particular, failure to answer and ensuing j

orders; answer, consideration by this office, and ensuing orders; requests l

for hearings, hearings and ensuing orders; compromise and collection.

Upon failure to pay any civil penalty due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, the matter may be referred to the Attorney General, and the penalty, unless com-promised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Atomic Energy Act of 1954, as amended, (42 USC 2282).

8103$30 M W e