Minnesota Administrative Rules

4731.0280 DELIBERATE MISCONDUCT.

Subpart 1.

Applicability.

This part applies to:

A.

a licensee, registrant, industrial radiography certificate holder, or quality assurance program approval holder;

B.

an applicant for a license or registration, applicant for industrial radiography certificate, or applicant for quality assurance program approval;

C.

a contractor, including a supplier or consultant, or subcontractor to any person identified in this subpart; or

D.

an employee of any person identified in this subpart.

Subp. 2.

Prohibition.

A person identified in subpart 1 who knowingly provides to any entity listed in subpart 1, any components, equipment, materials, or other goods or services that relate to a licensee's, industrial radiography certificate holder's, quality assurance program approval holder's, registrant's, or applicant's activities in this chapter may not:

A.

engage in deliberate misconduct that causes or would have caused, if not detected, any entity listed in subpart 1 to be in violation of a rule; an order; a regulation; or a term, condition, or limitation of a license, certificate, approval, or registration issued by the commissioner; or

B.

deliberately submit to the commissioner, a licensee, a registrant, an industrial radiography certificate holder, a quality assurance program approval holder, an applicant for a license, certificate, or quality assurance program approval, or a licensee's, registrant's, or applicant's contractor or subcontractor, any information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the commissioner.

Subp. 3.

Enforcement.

A person who violates this part may be subject to enforcement action under part 4731.0260.

Subp. 4.

Definition.

For purposes of this part, deliberate misconduct by a person means an intentional act or omission that the person knows:

A.

would cause a licensee, registrant, or applicant to be in violation of a rule, an order, or a term, condition, or limitation of a license issued by the commissioner; or

B.

constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, registrant, applicant, contractor, or subcontractor.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009