United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Materials Licensees - D

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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)

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Licensee Name and
NRC Action Number
Action Type
(Severity) &
Civil Penalty
(if any)
Date Description
Dakota Panel
Rapid City, South Dakota
(EA-11-233)
NOV
(SL III)
02/07/2012 On February 7, 2012, the NRC issued a Notice of Violation to Dakota Panel for a Severity Level III violation involving the licensee's failure to identifying an individual as the Radiation Safety Officer (RSO) on its license, as required by License Condition 12. Specifically, from January 2010 until September 23, 2011, the licensee failed to have an individual named on its license in the RSO position or any qualified individual as RSO.
Danbury Hospital
EA-02-150
NOV
(SL III)
08/05/2002 On August 5, 2002, a Notice of Violation was issued for a Severity Level III violation involving a misadministration stemming from the failure of the licensee's quality management program to include a written procedure to ensure that the appropriate sources are implanted as specified in the written directive.
Dana-Farber Cancer Institute, MA
EA-97-067
NOV
(SL III)
03/28/1997 Failure to secure licensed material located in laboratory areas against unauthorized removal and failure to control access.
Danville Regional Medical Center, VA
EA-05-201
NOV
(SL III)
12/13/2005 On December 13, 2005, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or access and/or maintain constant surveillance of licensed material that was stored in a controlled or unrestricted area. Specifically, a High Dose Rate Remote Afterloader (HDR) unit was left unsecured and unattended in the HDR treatment room.
DAS Consult, Inc., OH
EA-98-492
NOV
(SL II)
03/31/1999 Violation involves the unauthorized transfer of byproduct material.
David Blackmore & Associates, PA
EA-05-092
NOV
(SL III)
06/27/2005 On June 27, 2005, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material in a portable gauge containing approximately 10 millicuries of cesium-137 and 50 millicuries of americium-241, that was damaged when it was run over by a bulldozer after an authorized gauge operator left it unattended for approximately 10 minutes at a job site.
David Blackmore & Associates, PA
EA-00-124
NOV
(SL III)
05/17/2000 On May 17, 2000, a Notice of Violation for a Severity Level III was issued. The action was based on the failure to control and maintain constant surveillance of licensed materials. Specifically, a portable nuclear density gauge containing 10 millicuries of cesium-137 and 50 millicuries of americium-241 was left unattended for a short period of time. During that time the gauge was run over by a construction vehicle and was crushed.
Dayton X-Ray Company, OH
EA-02-201
NOV
(SL III)
11/29/2002 On November 29, 2002, a Notice of Violation was issued for a Severity Level III violation involving the failure to have two qualified individuals observe radiographic operations at a temporary job site.
DBI, Inc., WY
EA-12-058
ORDER 10/11/2012 On October 11, 2012, the NRC issued a Confirmatory Order (Effective Immediately) to DBI, Inc. to formalize commitments made as a result of an ADR mediation session held on September 6, 2012. The commitments were made as part of a settlement agreement regarding apparent violations identified during an inspection and investigation involving the failure to: (1) conduct a survey when approaching the radiography camera and guide tube; (2) have at least one other qualified individual present while performing radiography; (3) supervise the assistant radiographer; and (4) provide complete and accurate information to the Commission. DBI, Inc. agreed to a number of corrective actions, including paying a civil penalty of $3,500, making improvements to operating and emergency procedures, and conducting employee training on the importance of complying with NRC regulations including examples of willful violations.
Deaconess Hospital, IN
EA-12-245
NOV
(SL III)
01/31/2013 On January 31, 2013, the NRC issued a Notice of Violation to Deaconess 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).  In accordance with 10 CFR 35.41(b)(2), the procedures required by 10 CFR 35.41(a) must address verifying that the administration is in accordance with the treatment plan, if applicable, and the written directive.  However, as of March 5, 2012, the licensee administered a 34 Gray dose to a patient, and the licensee’s procedures did not require verifying that the administration was in accordance with the applicable treatment plan and written directive.
Deaconess Hospital, IN
EA-03-092
NOV
(SL III)
08/29/2003 On August 29, 2003, a Notice of Violation was issued for a Severity Level III violation involving the failure to have a written directive and follow the direction of an authorized user and the failure to administer I-131 sodium iodide within the prescribed dosage range.
Decisive Testing, Inc., CA
EA-01-271
NOVCP
(SL III)

$6,000
02/27/2002 On February 27, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III violation involving the willful failure of Decisive Testing, Inc., a holder of an Agreement State license issued by the state of California, to file NRC Form 241, "Report of Proposed Activities in Non-Agreement State, Areas of Exclusive Federal Jurisdiction, or Offshore Waters," prior to conducting radiography activities in an area of exclusive federal jurisdiction (i.e., U.S. Naval vessels).
CPORDER
$6,000
06/11/2002
Defense Logistics Agency, PA
EA-97-465
NOV
(SL III)
10/31/1997 Employee stole sources containing licensed material.
Del Valle Group, PR
EA-11-009
NOV
(SL III)
05/11/2011 On May 11, 2011, the NRC issued a Notice of Violation to Del Valle Group (DVG) for a Severity Level III violation involving the failure to obtain authorization in a specific NRC license to own and possess three portable moisture density gauges, as required by 10 CFR 30.3(a). Specifically, from November 30, 2008 through October 28, 2010, DVG owned and/or possessed byproduct material (discrete radium-226 sources contained in three portable moisture density gauges) without authorization in a specific or general license issued in accordance with NRC regulations.
Department of Air Force, VA
EA-09-047
NOV
(SL III)
05/08/2009 On May 18, 2009, the NRC issued a Notice of Violation to the Department of the Air Force for a Severity Level III failure to implement 10 CFR 35.3047. Specifically, as of August 14, 2008, the licensee failed to notify by telephone the NRC Operations Center no later than the next calendar day after discovery of a dose to an embryo/fetus that is greater than a 5 rem (50 millisievert) dose equivalent that results from an administration of byproduct material to a pregnant individual unless specifically approved by an authorized user physician. On August 13, 2008, the licensee discovered that an embryo/fetus had received a dose of approximately 31.5 rem (50 millisievert) as a result of a sodium iodine-131administration to a pregnant individual and did not notify the NRC Operations Center until September 5, 2008.
Department of the Interior, Bureau of Indian Affairs, SD
EA-02-057
NOV
(SL III)
06/26/2002 On June 26, 2002, a Notice of Violation was issued for a Severity Level III violation involving the failure to appoint a radiation safety officer (RSO) and a willful failure to amend the NRC license to reflect the appointment of a new RSO.
Department of Veterans Affairs, DC
EA-10-0081
NOVCP
(SL III)

$39,000
08/23/2010 On August 23, 2010, the NRC issued a Notice of Violation (Notice) and Proposed Imposition of Civil Penalty in the amount of $39,000 to the Department of Veteran Affairs (VA) for two Severity Level III violations involving: (1) the failure to implement 10 CFR 35.41(a)(2) and 10 CFR 35.41(b)(2) requirements for verifying medical treatments, and (2) the failure to implement 10 CFR 35.3045(c) requirements to report a medical event. Additionally, the Notice issued a Severity Level III violation for three examples of both 10 CFR 35.41(a)(2) and 35.41(b)(2) violations involving five patients at the VA Boston Healthcare System during 2005, which is also beyond the statute of limitations time period such that a civil penalty was not assessed. Specifically, for the first set of violations assessed a civil penalty, several facilities are identified and involve multiple examples of the licensee's failure to verify that the administration of permanent prostate brachytherapy implants was in accordance with the written directives: (i) the VA Sierra Nevada Health Care System in Reno, Nevada, between September 29, 2005 and October 12, 2008; (ii) the G.V. (Sonny) Montgomery VA Medical Center in Jackson, Mississippi, between May 2007 and February 2008; and, (iii) the VA Boston Healthcare System in Boston, Massachusetts on September 27, 2005. Further, the Notice identifies that the second violation assessed a civil penalty occurred on October 10, 2008, at the VA New York Harbor Healthcare System in Brooklyn, New York, where the licensee failed to make a timely medical event report regarding a permanent prostate brachytherapy implant when the data available at the time indicated otherwise, with the actual treatment dose less than 69 percent of the prescribed dose.
Department of Veterans Affairs, AR
EA-10-023
NOVCP
(SL III)

$14,000
06/02/2010 On June 2, 2010, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $14,000 to the Department of Veterans Affairs for two Severity Level III violations identified as a result of a medical event that occurred at the San Diego Healthcare System facility. The medical event resulted when iodine-131 was injected into the wrong port of the gastrostomy feeding tube (g-tube) resulting in an underdose to the patient's thyroid and an unintended dose to the patient's stomach. Specifically, the licensee's written procedures did not include directions for administering byproduct material through a g-tube to ensure that the administered dose was in accordance with the written directive as required by 10 CFR 35.41(a)(2). Additionally, two nuclear medicine technologists had not been instructed on administering byproduct material through a g-tube prior to performing the administration in order to ensure that the administered dose was in accordance with the written directive. The second Severity Level III violation involved the licensee's failure to notify the NRC Operations Center no later than the next calendar day after discovery of a medical event as required by 10 CFR 35.3045(c). Specifically, on September 23, 2009, the licensee had sufficient information, based on patient survey data and the image from the nuclear medicine department, to report the medical event and did not notify the NRC until September 26, 2009.
DeLeo, Alfonso Jr. PA
EA-99-057
NOVCP
(SL III)

$5,500
Withdrawal
06/02/1999 Possession of NRC-licensed material without a valid NRC license.
De Leon, Jose N., M.D., PR
EA-97-627
NOVCP
(SL III)

$5,000
04/28/1998 Inadequate QMP for Sr-90 eye treatment.
Delta Consulting Engineers, Inc. EA-03-002 NOV
(SL III)
01/13/2003 On January 13, 2003, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material (approximately 9 millicuries of cesium-137 and 44 millicuries americium-241 in a portable moisture density gauge) that is in a controlled or unrestricted area and that is not in storage.
Department of Commerce - National Oceanic and Atmospheric Administration, MD
EA-09-188
NOV
(SL III)
10/01/2009 On October 1, 2009, a Notice of Violation was issued to the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) for two Severity Level III violations involving (1) failure to secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas, pursuant to 10 CFR, 20.1801, and (2) failure to confine possession and use of byproduct materials to the locations and purposes authorized on the license, pursuant to 10 CFR 30.34(c). Specifically, NOAA stored licensed materials in two different unrestricted areas and a controlled area during two different time periods, without securing the materials from unauthorized removal or access. Additionally, from 1993 until 2008, NOAA used licensed material in custom-made, unregistered devices in violation of its license condition requiring NOAA to use only such devices when the device has been registered with either the NRC or an NRC Agreement State.
Department of Interior, NM
EA-98-471
NOV
(SL III)
01/28/1999 Failure to secure licensed material.
Design Fuel Corporation, PA
EA-01-245
NOV
(SL III)
10/09/2001 On October 9, 2001, a Notice of Violation was issued for a Severity Level III violation involving the improper transfer of a gauge regulated by the NRC under a general license.
Detector Electronics Corporation
EA-12-181
NOV
(SL III)
10/19/2012 On October 19, 2012, the NRC issued a Notice of Violation to Detector Electronics Corporation for a Severity Level III violation involving the failure to obtain a specific authorization to export byproduct material to Iraq, an embargoed country, as required by CFR 110.5. Specifically, on April 20, 2007, September 25, 2009, December 21, 2010, and June 24, 2011, the licensee exported flame detectors with electron tubes containing krypton-85 to Iraq, an embargoed destination and did not have a required specific authorization to export byproduct material to Iraq.
Diagnostic Imaging Centers, KS
EA-14-108
NOV
(SL III)
08/26/2014 On August 26, 2014, the NRC issued a Notice of Violation to Diagnostic Imaging Centers for a Severity Level III violation involving the failure to ensure written directives are dated and signed by an authorized user before the administration of I-131 sodium iodide greater than 1.11 megabecquerels (30 microcuries) as required by 10 CFR 35.40(a).  Specifically, on September 3, 2008, and December 8, 2010, the licensee failed to have a written directive dated and signed by an authorized user before the administration of 5 millicuries of I-131 sodium iodide.  The written directives were signed by individuals who were not authorized users for this specific medical use.
Diagnostic Reasgents, Inc., MI
EA-96-140
NOVCP
(SL III)

$1,000
08/05/1996 Deliberate failure to amend NRC license following a change of address.
Diamond H Testing Company, ID
EA-95-148
NOVCP
(SL III)

$8,000
10/25/1995 An apparent willful failure to lock the sealed source in the shielded position following a radiographic exposure, failure to conduct an adequate survey of the source guide and failure to wear an alarm ratemeter.
CPORDER
$5,000
03/05/1996
Settlement 04/04/1996
Dickinson County Memorial Hospital, MI
EA-08-048
NOVCP
(SL III)

$3,250
05/07/2008 On May 7, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued for a Severity Level III violation. The violation involved the failure to control and maintain constant surveillance of licensed material that was stored in a controlled area. Specifically, on January 25, 2008, the doors to a room which contained licensed material being packaged for shipment were left unsecured and unattended, resulting in licensed radioactive material being accessible to unauthorized individuals via an adjacent, unrestricted hallway.
Dickinson County Road Commission, MI
EA-05-226
NOV
(SL III)
01/24/2005 On January 24, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure or maintain constant surveillance of NRC-licensed material contained in a portable moisture/density gauge. Specifically, during a routine safety inspection, an NRC inspector entered the licensee's offices in an unlocked public building and found the gauge unsecured.
Digirad Imaging Solutions, Inc., NY
EA-07-223
EA-07-225
NOVCP
(SL III)

$6,500
03/04/2008 On April 3, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty was issued for two Severity Level III violations resulting in two $3,250 civil penalties (a total of $6,500). In violation of 10 CFR 30.9, the licensee provided the NRC information that was not complete and accurate in all material respects when it submitted statements from a physician (preceptor) for the purposes of attesting that an applicant physician met the training and experience criteria to be named as an authorized user on an NRC license. However, the applicant physician had not worked with or under the supervision of the preceptor and the preceptor did not meet the NRC requirements for a preceptor to be an authorized user physician on a license. Further, in violation of 10 CFR 20.1801, the licensee did not secure from unauthorized removal, limit access to, or maintain control and surveillance of licensed material at several facilities and over a period of several years (2001-2006).
Digirad Imaging Solutions, Inc., NY
EA-05-136
NOV
(SL III)
and
ORDER
01/27/2006 On January 27, 2006, a Notice of Violation (NOV) for a Severity Level III violation with no civil penalty and an immediately effective Confirmatory Order was issued to confirm commitments made as part of a settlement agreement concerning submission of inaccurate information to the NRC. The settlement agreement was reached as a result of an Alternative Dispute Resolution session, held at the request of the licensee. In addition to the NOV, the licensee has changed its procedures to ensure that any information it submits to NRC will be complete and accurate, and the Radiation Safety Officer will submit articles to various medical and health physics journals describing the incident to provide an opportunity for other licensees in the industry to learn from the incident.
District Health Partners, L.P., DC
EA-01-020
NOV
(SL III)
03/22/2001 A Notice of Violation was issued on March 22, 2001, for a Severity Level III violation involving the failure of the licensee's quality management program to include a written procedure to ensure that brachytherapy applicators were adequately secured during treatment so that the intended treatment site received the prescribed exposure treatment and other sites received the planned dose.
DMS Imaging, Inc., MN
EA-97-189
NOVCP
(SL III)

$2,500
02/24/1999 Deliberate misconduct by a supervisor.
Dominion Geotechnical Services, Inc.
EA-04-165
NOV
(SL III)
10/14/2004 On October 14, 2004, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material (9 millicuries of cesium-137 and 44 millicuries of americium-241 contained in a moisture density gauge) that was in an unrestricted area that was not in storage.
Dominion NDT Services, Inc., Richmond, VA
EA-14-026
NOV
(SL III)
04/02/2014 On April 2, 2014, the NRC issued a Notice of Violation to Dominion NDT Services, Inc., (Dominion), for a Severity Level III violation. The violation involved the 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, as required by 10 CFR 150.20(b).  Specifically, on January 11, 2013, September 28, 2013, and November 2, 2013, Dominion, a licensee of the Commonwealth of Virginia, performed industrial radiography activities at the Craney Island Naval Fuel Depot in Norfolk, Virginia, an area of exclusive Federal jurisdiction, without filing the required documentation with the NRC.
Doylestown Hospital
EA-03-125
NOV
(SL III)
06/26/2003 On June 26, 2003, a Notice of Violation was issued for a Severity Level III violation involving the licensee's failure to complete required manufacturer's training prior to using an intravascular brachytherapy system.
Draper Aden Associates, VA
EA-01-107
NOV
(SL III)
06/04/2001 On June 4, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure to properly block and brace a portable gauge prior to and during transport that resulted in the loss of control of the gauge.
Dressler Constulting Engineers, Inc., KS
EA-04-088
NOV
(SL III)
07/16/2004 On July 16, 2004, a Notice of Violation was issued for a Severity III violation involving the use of licensed material in the state of Missouri, a Non-Agreement State, without filing NRC Form 241, "Report of Proposed Activities in Non-Agreement States," with the NRC.
Page Last Reviewed/Updated Wednesday, October 01, 2014