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What is NYC RCNY § 175.07?

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Notwithstanding anything to the contrary in this Code, the Department may: (a) by rule, regulation, order, license condition or registration condition, or otherwise as appropriate, impose requirements upon any person subject to this Article, in addition to those expressly set forth in this Article, as it deems appropr

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Effective: 5/24/2019

§ 175.07 Enforcement.

RCNY § 175.07

Notwithstanding anything to the contrary in this Code, the Department may: (a) by rule, regulation, order, license condition or registration condition, or otherwise as appropriate, impose requirements upon any person subject to this Article, in addition to those expressly set forth in this Article, as it deems appropriate or necessary to protect the public health and safety and to minimize danger to life or property from radiation hazards; (b) amend, suspend or revoke any license, registration or certified registration issued pursuant to this Article when it finds that any person holding such license, registration or certified registration is not in compliance with this Article, or other applicable laws, rules or regulations; (c) by order, require the removal through an authorized person, or the surrender to the Department, of any radiation source by any person who: (1) does not hold, or continue to hold, a valid license, registration or certified registration issued by the Department; or (2) is not able or equipped, or who fails to observe with regard to such radiation source those radiation protection requirements of this Article, or who uses such radiation source in violation of this Article, Department order, or other applicable law, rule or regulation, or as set forth in a license, registration or certified registration issued by the Department. Upon such an order, such person shall be required to decontaminate any premises which may have been contaminated with radioactive material as a result of licensed or registered activities to radiation levels specified by the Department. Any expenses incidental to the transfer, surrender and decontamination shall be borne by the person responsible for the source.

(d)Except where the protection of the public health requires immediate action, no Department actions described in subdivisions (b) and (c) of this section shall take effect until the person so affected is given reasonable notice and an opportunity to be heard by the Department. (Added City Record 4/24/2019, eff. 5/24/2019)

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