Escalated Enforcement Actions Issued to Materials Licensees - H

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

This table includes a collection of significant enforcement actions (referred to as "escalated") that the NRC has issued to materials licensees.

The types of actions and their abbreviations are as follows:

• Notice of Violation for Severity Level I, II, or III violations (NOV)
• Notice of Violation and Proposed Imposition of Civil Penalty (NOVCP)
• Order Imposing Civil Penalty (CPORDER)
• Order Modifying, Suspending, or Revoking License (ORDER)

This page includes links to files in non-HTML format. See Plugins, Viewers, and Other Tools for more information.

Licensee Name and NRC Action Number	Action Type (Severity) & Civil Penalty (if any	Date	Description
H.C. Nutting Company, OH EA-96-468	NOV (SL III)	01/09/1997	License moisture density gauge damaged.
H.C. Nutting Company, OH EA-02-020	NOV (SL III)	04/02/2002	On April 2, 2002, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit the access to licensed material (13 Troxler Series 3400 moisture density gauges each containing a nominal 10 millicuries of cesium-137 and a nominal 50 millicuries of americium-241) in an unrestricted area, and failure to control or maintain constant surveillance of this licensed material.
H.H. Holmes Testing Laboratories, IL EA-97-237	NOVCP (SL III) $2,500	08/22/1997	Deliberate failure to file NRC Form 241.
H&G; Inspection Company, Inc., TX EA-97-158	NOV (SL III)	07/01/1997	Overexposure of radiographer assistant.
H&G; Inspection Company, Inc., TX EA-06-021	NOV (SL III)	05/01/2006	On May 1, 2006, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,500 was issued for a Severity Level III violation involving a willful failure to block and brace a radiographic exposure device during transport to and from a temporary jobsite. Two additional violations, that were not assessed a civil penalty, were identified. These involved failure to control and maintain constant surveillance of licensed material in an unrestricted area, and failure to have a second qualified individual observe radiographic operations. Because these violations were unrelated, each was separately categorized as Severity Level III.
	ORDER	10/24/2006	On October 24, 2006, a Confirmatory Order (effective immediately) was issued to confirm commitments made as part of a settlement agreement. The licensee requested Alternative Dispute Resolution following the NRC’s May 1, 2006, Notice of Violation and proposed imposition of a civil penalty in the amount of $6,500. The violation involved the willful failure to block and brace a radiographic exposure device during transport. As part of the agreement, H&G has agreed to implement a comprehensive management review and oversight program, and within one year, to write and submit an article for publication by both the American Society of Non-Destructive Testing (ASNT) and the Non-Destructive Testing Managers Association (NDTMA) addressing the value that the new H&G management oversight program adds to overall safe and effective operations. In recognition of H&G’s extensive corrective actions, the NRC agreed to reduce the civil penalty originally proposed to $500.
H&H X-Ray Services, Inc. EA-02-195	NOV (SL III)	02/03/2003	On February 3, 2003, a Notice of Violation was issued for a Severity Level III problem involving: (1) the failure to reduce the allowable dose limit for an individual by 1.25 rems for each quarter for which complete records were unavailable, and (2) as a result, the failure to limit the annual occupational dose to an adult radiographer to 5 rems total effective dose equivalent.
Hackley Hospital, MI EA-07-071	NOV (SL III)	06/20/2007	On June 20, 2007, a Notice of Violation was issued for a Severity Level III violation involving a failure to develop written procedures to provide high confidence that each administration was in accordance with the written directive. Specifically, the licensee’s written procedures for prostate seed implant treatment did not include appropriate steps or guidance to ensure that radioactive sources were positioned in the patient in accordance with the written directive and treatment plan.
Hagerstown Construction Services, Inc., MD EA-97-193	NOVCP (SL III) $2,750	07/01/1997	Failure to file for reciprocity.
Haines & Kibblehouse, Inc., PA EA-97-556	NOV (SL III)	12/22/1997	Management breakdown.
Hannibal Testing Laboratories, MO EA-03-206	NOV (SL III)	11/28/2003	On November 28, 2003, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material (nominally 8.0 millicuries of cesium-137 and 40 millicuries of americium-241:beryllium in two moisture density gauges) in unrestricted areas at the licensee’s facility, and failure to control and maintain constant surveillance of this licensed material.
Harper Hospital, MI EA-98-196	NOV (SL III)	04/10/1998	Theraeutic misadministration. Inadequate medical quality management.
Harsco Corporation, PA EA-05-121	NOV (SL III)	08/15/2005	On August 15, 2005, a Notice of Violation (NOV) was issued for a Severity Level III violation involving the licensee’s failure to appoint a new Radiation Safety Officer (RSO) when the previous RSO left the company. Three additional violations which were not considered for escalated enforcement, were discussed in the NOV.
Hastings Testing Engineers and Environment, MI EA-03-175	NOV (SL III)	03/04/2004	On March 4, 2004, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material (8 millicuries of cesium-137 and 44 millicuries of americium-241 in each of three portable moisture/density gauges) in a controlled area, and failure to control and maintain constant surveillance of this licensed material. Additionally the licensee failed to lock the gauges, to prevent unauthorized or accidental removal of the sealed source from its shielded position, when not under the direct surveillance of an authorized user.
Harvard University, MA EA-96-068	NOV (SL III)	04/17/1996	Failure to maintain control and surveillance of radioactive material stored in several laboratory areas which were unrestricted areas.
Hawaiian Eye Clinic and Surgicenter, HI EA-00-059	NOV (SL II)	07/25/2000	On July 25, 2000, a Notice of Violation was issued for a Severity Level II problem involving your 1) failure of quality management program (QMP) to assure that final treatment plans and related calculations were in accordance with written directive; and 2) failure of QMP to identify and evaluate deviations from written directives.
Hawaii, State of, HI EA-98-237	NOV (SL III)	07/21/1998	Failure to secure gauges.
Hayes Testing Laboratory, Inc., KY EA-00-089	NOV (SL III)	06/09/2000	A Notice of Violation for a Severity Level III violation was issued June 9, 2000. The action was based on the failure to file an NRC Form 241, the failure to file revisions, and the failure to clarify a May 4, 1999 NRC Form 241 to identify new job sites and to include dates for performing radiography that were not previously submitted.
Health & Human Services, Department of, MD EA-96-027	NOVCP (SL III) $ 2,500	08/23/1996	Security violations. Breakdown in management control of licensed program.
	CPORDER	05/20/1997
Health & Human Services, Department of, MD EA-97-080	NOV (SL III)	03/20/1997	The action was based on numerous violations which indicated a programmatic breakdown in licensed activities.
Hematite Decommissioning Project - Westinghouse, MO EA-09-084	NOVCP (SL III) $ 16,250	10/23/2009	On October 23, 2009, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $16,250 to Westinghouse Electric Company - Hematite Decommissioning Project for a Severity Level III violation involving the failure to implement 10 CFR 70.24 (a) requirements.  Specifically, in March 2006, the licensee failed to maintain a criticality accident monitoring system which will energize clearly audible alarm signals when it removed the system from service without prior NRC authorization.  In addition, the Notice of Violation included a second Severity Level III violation for which a civil penalty was not proposed, involving the failure to implement 10 CFR 70.9 (a) requirements.  Specifically, on March 17, 2006, the licensee provided inaccurate information to the Commission when it informed the NRC that the Process buildings contained less than 250 grams of uranium-235, when in fact, as later determined in November 2008, the Process buildings contained an estimated 2,638 grams of uranium-235.  This information was material to the NRC since it was used in part as the basis for granting a license amendment on June 30, 2006, revising the possession limits such that the criticality monitoring system could be disabled.
Henry Ford Macomb Hospital, MI EA-11-088	NOV (SL III)	06/24/2011	On June 24, 2011, the NRC issued a Notice of Violation to Henry Ford Macomb Hospital for a Severity Level III violation involving the failure to develop, implement, and maintain written procedures to provide high confidence that each administration is in accordance with the written directive as required by 10 CFR 35.41(a). Specifically, as of December 9, 2010, the licensee’s procedure did not include steps to verify that the transfer tube assembly used at the time of the administration was the same length as the one identified in the treatment plan implementing the written directive. This resulted in four patients receiving radiation doses to areas not included within the planned treatment area.
Hershey Medical Center, PA EA-07-048	NOV (SL III)	04/04/2007	On April 4, 2007, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to radioactive material located in the nuclear medicine department hot lab, which is a controlled area. In addition, the licensee did not control and maintain constant surveillance of this licensed material .
Hershey Medical Center, PA EA-04-215	ORDER & NOV (SL III)	10/14/2005	On October 14, 2005, an immediately effective Confirmatory Order was issued to confirm commitments made as part of a settlement agreement concerning three separate occasions where the licensee’s staff were injected with radiopharmaceuticals without the authorization of an Authorized User. The settlement agreement was reached as a result of an Alternative Dispute Resolution session, held at the request of the licensee. As part of the agreement reached, a Notice of Violation at a Severity Level III with no civil penalty was issued on October 14, 2005. In addition, the licensee has expanded its training program addressing NRC regulatory requirements, and the Chief of Nuclear Medicine, the Radiation Safety Officer, and the Chief Technologist will prepare articles for various medical and health physics journals that address, among other topics, the need to establish an environment and culture that promote regulatory compliance through the implementation of controls and procedures.
Hevly Technical Services, Inc, WA EA-08-129, EA-08-130	NOVCP (SL III) $3,000	05/16/2008	On May 16, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued to Hevly Technical Services, Inc. (HTS) for a deliberate Severity Level III violation of 10 CFR 150.20(b)(3) involving the transfer of a portable moisture density gauge containing radioactive material to a company in the State of Alaska that was not licensed to possess or use the gauge. Specifically, on May 17, 2003, HTS, a General Licensee under 10 CFR 150.20, transferred a portable gauging device containing radioactive material to Alaska Rim Engineering, a company that HTS knew was not specifically licensed by the NRC to receive the material. In addition, a second Severity Level III violation was issued for failure to file NRC Form 241- Report of Proposed Activities in Non-Agreement States, at least three days prior to engaging in licensed activities within NRC jurisdiction. Specifically on May 17, 2003, HTS, who held specific licenses from the Agreement Sates of Washington and Oregon, used a portable device containing radioactive material in Palmer, Alaska, during training without filing a Form -241 with the NRC.
High Mountain Inspection Service, Inc WY EA-05-064	NOVCP (SL III) $6,000	07/22/2005	On July 22, 2005, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III problem consisting of two violations which occurred when the licensee performed radiography at a temporary job site. Specifically, the radiographer was not accompanied by at least one other qualified radiographer or individual who had at a minimum met the requirements of 10 CFR 34.43(c) in order to be a radiographer’s assistant; and, in addition, the licensee did not provide the second individual with the radiation monitoring equipment required by 10 CFR 34.47(a). An additional violation of NRC requirements was dispositioned as a Severity Level IV violation.
High Mountain Inspection Service, Inc WY EA-03-229 EA-04-062	NOVCP (SL III) $6,000	04/27/2004	On April 27, 2004, a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $12,000 was issued for two Severity Level III problems involving the failure to maintain adequate security of a radiographic exposure device (assessed $6,000) and the failure to give a written exam before using a newly hired individual as a radiographers’ assistant (assessed $6,000).
	NOVCP (SL III) $6,000	04/27/2004
High Mountain Inspection Service, Inc WY EA-01-302	NOVCP (SL III) $6,000	05/07/2002	On May 7, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III problem involving multiple failures to ensure that radiography activities were conducted in a manner that kept radiation exposures within NRC's limits.
	CPORDER $6,000	09/30/2002
Hirata & Associates Hawaii EA-06-300	NOV (SL III)	06/05/2007	On June 5, 2007, a Notice of Violation was issued for a Severity Level III violation involving the failure to use a minimum of two independent physical controls that formed tangible barriers to secure portable gauges from unauthorized removal when the gauges were not under the control and constant surveillance of licensee personnel.
HNU Systems Incorporated, MA EA-96-234	ORDER	08/22/1996	Seven violations of NRC requirements.
Holy Redeemer Hospital and Medical Center, PA EA-99-246	NOVCP (SL III)	11/03/1999	Violation involving misadministration by failure to properly implement the Quality Management Program (QMP) by the licensee in that no written directive was prepared prior to the administration of iodine-131.
Honolulu Medical Group, HI EA-95-006	NOV (SL III)	01/23/1997	Discrimination.
Hospital Andres Grillasca, Inc., PR EA-06-125	NOV (SL III)	07/21/2006	On July 21, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure to implement written procedures to provide high confidence that each patient treatment is in accordance with the treatment plan and written directive, and that both manual and computer generated dose calculations are verified. As a result of the failure to verify that an HDR treatment was administered in accordance with the written directive, a dose was calculated and delivered to a depth of one centimeter rather than the prescribed two centimeter depth, resulting in an underdose of 57%.
Hospital Metroplitano , PR EA-97-513	NOV (SL III)	12/23/1997	Failure to return and count cesium-137 brachytherapy sources to storage after use.
Hospital San Pablo, PR EA-97-498	NOV (SL III)	12/23/1997	Calibration sources were inappropriately released and were incinerated; licensee failed to surveyradioactive waste.
Howard University, DC EA-03-088	NOVCP (SL III) $3,000	06/27/2003	On June 27, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III violation involving the failure to perform adequate area surveys within the licensee's facility that resulted in a substantial potential for exposures in excess of the regulatory limits.
Howard University, DC EA-02-102	NOVCP (SL III) $3,000	06/21/2002	On June 21, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III problem involving the failure to secure from unauthorized removal or limit access to licensed material (2.6 millicuries of iridium-192) contained in a brachytherapy ribbon and the failure to control and maintain constant surveillance of this licensed material and the failure to perform a survey for radioactive material. Although the civil penalty would have been fully mitigated based on the normal civil penalty assessment process, a base civil penalty was assessed in accordance with Section VII.A.1.g of the Enforcement Policy to reflect the significance of maintaining the control of licensed material.
Howard University, DC EA-99-211	NOV (SL III)	09/17/1999	Violations involving (1) failure to control and maintain constant surveillance of licensed radioactive material on two occasions; (2) failure to provide required radiological safety training to certain members of your shipping and receiving and mail room staff; and (3) failure to make immediate notifications to the NRC once the material was determined to be lost on one of the occasions.
HTTP, Inc., PA EA-97-226	NOVCP (SL III) $5,500	06/18/1997	Failure to decommission following expiration of license.
Humboldt Scientific, Inc., NC EA-11-138	NOV (SL III)	03/08/2012	On March 8, 2012, the NRC issued a Notice of Violation to Humboldt Scientific, Inc. (HSI) for a Severity Level III problem.  The violations involved a failure to obtain appropriate license authorization to export byproduct materials to embargoed destinations and a failure to submit annual reports of americium exports in accordance with 10 CFR 110.54(b). Specifically, on May 6, 2005, May 7, 2008, June 26, 2008, and July 31, 2008, HSI exported americium-241 and cesium-137 byproduct materials subject to NRC licensing jurisdiction, to embargoed destinations of Iraq and Sudan respectively, without a specific license as required by 10 CFR 110.5 and HSI failed to make annual reports of americium exports for calendar years 2000-2009, during which years americium exports were performed.
Huntington Testing & Technology, Inc., WV EA-08-303	NOV (SL III)	01/22/2009	On January 22, 2009, a Notice of Violation was issued for a Severity Level III problem. The violations involved the failure to comply with license condition and to provide event notification as required, in a timely manner.  Specifically, on August 20, 2008, the licensee had an event where a radiography camera was disabled and failed to function as designed. The lead radiographer and the field Radiation Safety Officer, who were not trained or authorized by the NRC license, conducted source retrieval activities and shielded-down a source.  In addition, the licensee did not notify the NRC until September 3, 2008, two weeks after this event.
Hurt & Proffitt, Inc., VA EA-97-209	NOV (SL III)	06/24/1997	Repetitive failure to perform leak tests.