ML20211C924

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EN-97-079:on 970731,notice of Order Superseding Order Prohibiting Involvement in NRC-licensed Activities (Effectively Immediately) Issued to a Ben-Haim.Action Based on Evidence Obtained During Investigation by NRC OI
ML20211C924
Person / Time
Issue date: 08/27/1997
From: Delmedico J, Lieberman J
NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EN-97-079, EN-97-79, IA-97-068, IA-97-68, NUDOCS 9709260367
Download: ML20211C924 (1)


Text

August 27. 1997 EN 97-079 0FFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION

~r Individual: Aharon Ben-Haim (IA 97-068)

Sub.iect:

ORDER SUPERSEDING ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVIllES (EFFECTIVE IMMEDIATELY) i By EN 97-069 dated July 31, 1997, the Commission was informed that the NRC staff was issuing an Order Prohibiting Involvement in NRC Licensed Activities (Effective immediately) Pending Further Order to Aharon Ben-Haim. Ph.D.

This action was based on evidence obtained during an investigation by the NRC Office of Investigations (01) that Dr. Ben-Haim, acting in the capacity of consultant to Newark Medical Associates (licensee):

(1) deliberately prepared an inaccurate application for an NRC license by naming as the physician authorized user and radiation safety officer (RS0), an individual who had no knowledge of the application and who had never agreed to fulfill those functions: and (2) assisted the licensee in the conduct of licensed activities with the knowledge that the named individual did not ever serve as authorized user or RSO. At the time of the Order, the NRC staff review of the 01 investigation was ongoing. That review is now complete and the NRC staff has concluded that Dr. Ben-Haim's actions constitute violations of 10 CFR 30.10.

" Deliberate Misconduct." Therefore, the staff is modifying the Order to:

(1) further address the findings of the 01 investigation: (2) supplement the findings in the Order: (3) continue the prohibition against involvement in NRC-licensed activities on the part of Dr. Ben-Haim for a period of five years from July 31. 1997 (Effective Immediately).

It should be noted that the individual has not been informed specifically about the enforcement action.

The schedule of issuance and notification is:

Mailing of Notice August 27, 1997 Telephone Notification of Individual August 27, 1997 The States of New York and New Jersey will be notified.

Dr. Ben-Haim has 20 days from the date of the Order in which to request a hearing on the Order.

Contacts: J. DelMedico. OE. 415-2739 J. Lieberman. OE. 415-2741 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV Comm. Dicus DEDE AE00 RII WCF0 Comm. Diaz OE OP CTR RIII Comm. McGaffigan OGC NMSS SECY NRR IRM tt.A_ll h,O. l OCA 01 OIG NUDOCS PA SP RES PUBLIC 44 >

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