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§ 30105. Deliberate Misconduct.

17 CA ADC § 30105Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 1. State Department of Health Services (Refs & Annos)
Chapter 5. Sanitation (Environmental) (Refs & Annos)
Subchapter 4. Radiation
Group 1. General
Article 2. Exemptions and Enforcement
17 CCR § 30105
§ 30105. Deliberate Misconduct.
(a) A user, applicant for a license or registration, employee of a user or applicant, or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any user or applicant for a license or registration, who knowingly provides to any user, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a user's or applicant's activities subject to this regulation, shall not:
(1) Engage in deliberate misconduct, as defined in subsection (c), that causes or would have caused, if not detected, a user or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Department; or
(2) Deliberately submit to the Department, a user, an applicant, or a user's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Department.
(b) A person who violates subsection (a) shall be subject to enforcement action in accordance with the Act.
(c) For the purposes of subsection (a), deliberate misconduct by a person means an intentional act or omission that the person knows:
(1) Would cause a user or applicant to be in violation of any rule, regulation, or order, or any term, condition, or limitation, or any license or registration issued by the Department; or
(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a user, applicant, contractor, or subcontractor.

Credits

Note: Authority cited: Sections 100170, 100275, 115000, 115230 and 115235, Health and Safety Code. Reference: Sections 114965, 114970, 115000, 115215, 115230 and 115235, Health and Safety Code.
History
1. New section filed 12-29-2005; operative 1-28-2006 (Register 2005, No. 52). For prior history of former article 2 (section 30105), see Register 85, No. 48.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 17, § 30105, 17 CA ADC § 30105
End of Document