§ 52.4 Deliberate misconduct.
(a) Applicability. This section applies to any:
(1) Licensee;
(2) Holder of a standard design approval;
(3) Applicant for a standard design certification;
(4) Applicant for a license or permit;
(5) Applicant for a standard design approval;
(6) Employee of a licensee;
(7) Employee of an applicant for a license, a standard design certification, or a standard design approval;
(8) Any contractor (including a supplier or consultant), subcontractor, or employee of a contractor or subcontractor of any licensee; or
(9) Any contractor (including a supplier or consultant), subcontractor, or employee of a contractor or subcontractor of any applicant for a license, a standard design certification, or a standard design approval.
(b) Definitions. For purposes of this section:
Deliberate misconduct means an intentional act or omission that a person or entity knows:
(i) Would cause a licensee or an applicant for a license, standard design certification, or standard design approval to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license, standard design certification, or standard design approval; or
(ii) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, holder of a standard design approval, applicant for a license, standard design certification, or standard design approval, or contractor, or subcontractor.
(c) Prohibition against deliberate
misconduct. Any person or entity
subject to this section, who knowingly
provides to any licensee, any applicant
for a license, standard design
certification or standard design
approval, or a contractor, or
subcontractor of a person or entity
subject to this section, any components,
equipment, materials, or other goods or
services that relate to a licensee’s or
applicant’s activities under this part,
may not:
(1) Engage in deliberate misconduct
that causes or would have caused, if not
detected, a licensee, holder of a
standard design approval, or applicant
to be in violation of any rule, regulation,
or order; or any term, condition, or
limitation of any license issued by the
Commission, any standard design
approval, or standard design
certification; or
(2) Deliberately submit to the NRC; a
licensee, an applicant for a license,
standard design certification or standard
design approval; or a licensee's,
standard design approval holder'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 NRC.
(d) A person or entity who violates
paragraph (c)(1) or (c)(2) of this section
may be subject to enforcement action in
accordance with the procedures in 10
CFR part 2, subpart B.
[72 FR 49520, Aug. 28, 2007]