Section 21Sec./Art. 21

Enforcement.

(a) The PhilATOM shall establish and implement an enforcement policy for responding to non-compliance by authorized parties with the provisions of this Act, applicable regulations, or the terms and conditions of an authorization.

(b) Where an Authorized Party or other person or entity is found to be non-compliant with any provision of this Act, applicable regulations, or the terms and conditions of an authorization, the PhilATOM shall take enforcement action commensurate with the severity of the non-compliance: Provided, That any enforcement action shall be reviewed and approved by the PhilATOM Council.

(c) The Authorized Party or other person or entity subject to enforcement action shall take the necessary measures to remedy the non-compliance within a reasonable period, as required by the PhilATOM, and take the necessary measures to prevent a recurrence.

(d) In any case where an inspector of the PhilATOM has determined that an activity or practice is being conducted in violation of this Act, implementing regulations, or the terms and conditions of an authorization and poses an immediate risk of injury to persons or substantial damage to property or the environment, the inspector may:

(1) Immediately order the temporary suspension of the activity or practice;

(2) Order the Authorized Party to prohibit workers who do not meet applicable requirements from engaging in the activity or practice;

(3) Order that nuclear or radioactive material originating from a suspended activity or practice be safely and securely stored; or

(4) Direct any other enforcement action commensurate with the severity of the non-compliance.

(e) Decisions taken by inspectors under paragraph (d) shall continue to be in force unless and until:

(1) Withdrawn by the relevant inspector;

(2) Reversed or modified by action of the PhilATOM through an administrative appeal; or

(3) Reversed or modified through judicial review.

(f) The PhilATOM shall issue a report containing relevant findings and identifying the evidentiary basis for the findings and enforcement action: Provided, That this report shall be made available to the Authorized Party: Provided, further, That the Authorized Party shall have the right to appeal the decisions of the PhilATOM.

ARTICLE IV

RADIATION PROTECTION AND SAFETY