# Environment (GEN)

## Title 8. Radiation

### Subtitle 5. Enforcement

#### Section 8-501

(a) In accordance with Sec. 10-226 of the State Government Article and after notice and hearing, the Department may suspend, modify, or revoke any general or specific license issued under Sec. 8-301 of this title or any license issued under Sec. 8-304 of this title for violation of this title or any regulation adopted under this title.

(b) The Department may revoke any license issued under this title if the Department finds that:

  (1) False or inaccurate information was willfully, deliberately, or 

  knowingly contained in the application;

  (2) Conditions or requirements of the license have been violated;

  (3) Substantial deviation from plans, specifications, or requirements has occurred;

  (4) The Department has been refused lawful entry to the premises for the purpose of inspecting to ensure compliance with the conditions of the license; or

  (5) A change in conditions exists that requires temporary or permanent reduction or elimination of the source or discharge of radiation.

#### Section 8-502

(a) The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:

  (1) This title;

  (2) Any regulation adopted under this title;

  (3) Any lawful order issued by the Department under this title; or

  (4) Any applicable provision of any general or specific license or x-ray machine inspector license issued by the Department under this title.

(b) A complaint issued under this section shall:

  (1) Specify the provision that allegedly has been violated; and

  (2) State the alleged facts that constitute the violation.

#### Section 8-503

(a) After or concurrently with service of a complaint under this subtitle, the Department may:

  (1) Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order;

  (2) Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation in not less than 5 days from service of the order; or

  (3) Send a written notice that requires the person to whom the notice is directed:

    (i) To appear at a hearing before the Department at a time and place the Department sets to answer the allegations of the complaint; or

    (ii) To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.

(b) Any order issued under this section is effective immediately, according to its terms, when it is served.

#### Section 8-504

(a)

  (1) Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department under this subtitle may be served in accordance with Sec. 1-204 of this article.

  (2) Proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument.

  (3) The sworn statement or affidavit shall be filed with the Department.

(b) Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:

  (1) The time set for the hearing, if any;  or

  (2) The time set for the filing of the report, if any.

#### Section 8-505

(a)

  (1) The Department shall give notice and hold any hearing under this subtitle in accordance with Sec. 10-205 of the State Government Article.

  (2) Any hearing related to a complaint shall be held in the manner provided in Sec. 10-205 of the State Government Article for hearings in contested cases.

(b)

  (1) Within 10 days after being served with an order under Sec. 8-503(a)(1) of this subtitle, the person served may request, in writing, a hearing before the Department.

  (2)

    (i) If a request for a hearing is made under this subsection, the Department shall hold the hearing promptly after receiving the request and render a decision promptly after the hearing.

    (ii) If a request for a hearing is made under this subsection and the Department alleges in the order that there is an imminent threat or danger to the public health or safety or to the environment, the Department shall hold the hearing within 10 days after receiving the request and render a decision within 10 days after the hearing.

(c) Within 10 days after being served with notice under Sec. 8-503(a)(2) of this subtitle the person served may request, in writing, a hearing before the Department.

(d) On the request of any party to the hearing, the Department shall take a verbatim record in accordance with Title 10, Subtitle 2 of the State Government Article of the proceedings of any hearing held under this subtitle.

(e)

  (1) In connection with any hearing under this subtitle, the Department may:

    (i) Subpoena any person or evidence; and

    (ii) Order a witness to give evidence.

  (2) A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.

  (3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Department, a circuit court, by order, may:

    (i) Compel obedience to the Department's order or subpoena; or

    (ii) Compel testimony or the production of evidence.

  (4) The court may punish as a contempt any failure to obey its order issued under this section.

#### Section 8-506

(a)

  (1) Unless the person served with an order under Sec. 8-503(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order.

  (2) If the person served with an order under Sec. 8-503(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the Department renders its decision following the hearing.

(b)

  (1) If the Department issues a notice under Sec. 8-503(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:

    (i) The time set for the hearing, if any; and

    (ii) The time set for filing of the report, if any.

  (2) After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this title has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.

  (3) Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.

(c) The Department shall:

  (1) Take action to secure compliance with any final corrective order; and

  (2) If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.

#### Section 8-507

(a) The Department may bring an action for an injunction against any person who violates any provision of this title or any regulation, order, or permit adopted or issued by the Department under this title.

(b) On a showing that any person is violating or is about to violate this title or any regulation, order, or license adopted or issued by the Department, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.

(c) If an emergency arises from imminent danger to the public health, to the public welfare, or to the environment, the Department may sue for an immediate injunction to stop any activity that is causing the danger.

#### Section 8-508

(a) Any person aggrieved by a final decision of the Department in connection with an order or license issued under this title may take a direct judicial appeal.

(b) The appeal shall be made as provided for judicial review of final decisions under Title 10 of the State Government Article.

#### Section 8-509

(a)

  (1) A person who fails, refuses, or neglects to comply with any provision of this title, or with any regulation adopted under this title, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both.

  (2) Before any prosecution is begun under this subsection, the Secretary shall serve written notice of each alleged violation on a person who is in charge of the place where the violation allegedly exists.

(b)

  (1) In addition to any criminal penalty imposed under this section, a person who violates any provision of this title, any regulation or order issued under this title, or any term, condition, or limitation of any license or registration certificate issued under this title:

    (i) Is liable for a civil penalty not exceeding $10,000, to be collected in a civil action in the circuit court for any county; and

    (ii) May be enjoined from continuing the violation.

  (2) Each day a violation occurs is a separate violation under this subsection.

  (3) Whether or not a court action has been filed, the Secretary, with the concurrence of the Attorney General, may compromise and settle any claim for a civil penalty under this section.

(c) This section does not apply to an action subject to a penalty provision of Title 7 or Title 9 of this article.

#### Section 8-510

(a) In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this title, or any regulation, order, plan for compliance, registration, certificate, or license adopted or issued under this title.

(b)

  (1) The penalty imposed on a person under this section shall be:

    (i) Up to $1,000 for each violation, but not exceeding $50,000 total; and

    (ii) Assessed with consideration given to:

      (1) The willfulness of the violation, to the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

      (2) Any actual harm to human health or to the environment;

      (3) The nature and degree of injury to or interference with general welfare, health, and property;

      (4) The cost of control of the source of radiation or any emission of radiation;

      (5) The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety;

      (6) The available technology and economic reasonableness of correcting, controlling, reducing, or eliminating the situation or condition that caused the violation;

      (7) The degree of hazard posed by the source of radiation or the emission of radiation; and

      (8) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

  (2) Each day a violation occurs is a separate violation under this section.

  (3) Any penalty imposed under this section is payable to this State and collectible in any manner provided at law for the collection of debts.

  (4) If any person who is liable to pay a penalty imposed under this section fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be:

    (i) A lien in favor of this State on any property, real or personal of the person; and

    (ii) Recorded in the office of the clerk of court for the county in which the property is located.

#### Section 8-511

The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this title, including the recovery of penalties.

#### Section 8-512

The pursuit of a remedy under this title may not preclude the Department or the Attorney General from pursuing other remedies under this title.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)