Title 31, Chapter 13, Section 10
( 31-13-10)
(a) The Department of Natural Resources may refuse to grant a license as provided in Code Section 31-13-8 or 31-13-8.1 and the Department of Human Resources may refuse to register radiation generating equipment as provided in Code Section 31-13-8.2 to any applicant who does not possess the applicable requirements or qualifications which the Department of Natural Resources or the Department of Human Resources, as applicable, may prescribe in rules and regulations. The Department of Natural Resources or the Department of Human Resources may suspend, revoke, or amend any license or registration, respectively, in the event the person to whom such license or registration was granted violates any of the rules and regulations of the Department of Natural Resources or the Department of Human Resources, whichever is applicable, or ceases or fails to have the reasonable facilities prescribed by the Department of Natural Resources or the Department of Human Resources, provided that, before any order is entered denying an application for a license or registration or suspending, revoking, or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing as provided in Article 1 of Chapter 5 of this title. (b) Whenever the Department of Natural Resources or the Department
of Human Resources finds that an emergency exists involving any
licensee or registrant requiring immediate action to protect the
public health and safety, the Department of Natural Resources or the
Department of Human Resources, as is appropriate, may, without
notice or hearing, issue an order reciting the existence of such
emergency and requiring that such action be taken as is necessary to
meet the emergency. Notwithstanding any provisions of this chapter,
such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith immediately but on
application to the Department of Natural Resources or the Department
of Human Resources, as is appropriate, shall be afforded a hearing
within ten days. On the basis of such hearing, the emergency order
shall be continued, modified, or revoked within 30 days after such
hearing, as the Department of Natural Resources or the Department of
Human Resources, as is appropriate, may deem appropriate under the
evidence. (c) Any applicant or person to whom a license or registration was
granted who is aggrieved by any order of the Department of Natural
Resources or the Department of Human Resources or the duly
authorized agent of such department denying any such application or
suspending, revoking, or amending such license or registration may
file a hearing request with the appropriate agency to contest such
action pursuant to Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act." |