Details on the Nuclear Regulatory Authority Administrative Sanctions Regulation

Details on the Nuclear Regulatory Authority Administrative Sanctions Regulation

• 04.03.2023

Nuclear Regulatory Authority Administrative Sanctions Regulation (“Regulation”) was published in the Official Gazette dated 24 January 2023, numbered 32083 and entered into force on the day of publication.

Purpose and Scope of the Regulation

The purpose of the regulation is to determine the sanctions to be applied by the Nuclear Regulatory Authority (“Authority”) and the procedures and principles regarding the implementation of sanctions. With this regulation, administrative sanctions to be applied by the Nuclear Regulatory Board are regulated.

Administrative Sanctions

Administrative sanctions are applied as a result of the decision that there is a violation in the process of authorization, evaluation, or inspection activities carried out by the Authority or in the examinations to be made upon notification, notice, or complaint made to the Institution. Unauthorized execution of activities that require authorization; failure to notify changes in authorization terms that would affect authorization; submitting false documents or giving misleading information to the Instutition; situations that are in contrariety with the legislation or authorization conditions, the decisions, and instructions of the Instutitions; failure to fulfill the obligations regarding the obligation to take out insurance or provide collateral under Article 14 of the Code Numbered 7381 are situations that will constitute a irregularity.  Administrative sanctions that the institution can impose are administrative fines, restriction of authorization, suspension of authorization, and cancellation of authorization. These sanctions can be applied together or they can be applied separately.

Whether an administrative sanction will be applied or not and the amount of the administrative fine are determined by considering the following:

a) Whether any damage has occurred due to the violation and the magnitude of the damage.

b) The risk posed by the irregularity; its weight, determined by the probability of exposure, the magnitude of the radiation exposure, and the urgency, difficulty, and complexity of the corrective or preventive action required.

c) Elements showing the existence of goodwill, such as the determination and reporting of the violation to the Authority by the person subject to administrative fines, consistency and clarity in the work and transactions of the person subject to administrative fines.

d) Whether the violation is intentional.

e) The previous acts and behaviors of the person subject to administrative fines within the scope of authority.

f) Whether there is any unfair advantage due to the violation.

g) The economic status of the person subject to administrative fines.

Implementation Principles Regarding Administrative Sanctions

The existence of acts requiring administrative sanctions is determined by the preliminary determination report prepared by the relevant department of the Institution, if necessary, by taking the opinions of other service units. In the process of preparing the preliminary determination report, the Authority has the authority to request the necessary information, to conduct an on-site inspection and audit. The Authority may request all kinds of information, documents, and samples to be provided from all real or legal persons, including public institutions and organizations, may obtain their originals and/or samples, draw up the necessary minutes regarding these, and may request written or oral explanations on the subject. Relevant persons are obliged to provide all kinds of information, documents, and samples requested by the Authority; they cannot abstain from providing information and documents by claiming their confidentiality and confidentiality obligations.

The real or legal persons who are alleged to have committed a violation are notified of the preliminary determination report and that they must send their written defenses to the Institution within thirty days from the date of notification. If the defense is not given in due time, the person concerned is deemed to have waived his right to defense. The defense of the person concerned with the preliminary determination report is submitted to the Chairman of the Nuclear Regulatory Authority (“Chairman”). With the approval of the Chairman, the preliminary determination report process is terminated.

If it is evaluated that the issues stated in the preliminary determination report may constitute an irregularity, the determination report is prepared by the Chairman. In the determination report; The criteria used to determine the administrative fines by taking into account the allegations of non-compliance, the defense of the person concerned, the proposed fines and their justifications, and other relevant issues are included.

If it is determined by the Nuclear Regulatory Board (“Board”) that a violation has occurred, a decision for administrative fine is made.

Principles Regarding the Application of Administrative Fines

The regulation is based on the administrative fines regulated in article 25 of the Nuclear Regulation Law No. 7381 and determines the application limits of these fines.

Administrative fine is paid within one month following the notification of the decision of administrative fine and notified to the Institution. If the administrative fine is paid within the payment period, a 25% discount is made from the administrative fine. Administrative fines are increased each year by the revaluation rate.

In case of more than one violation requiring an administrative fine with an act, the highest of the administrative fines stipulated for this violation is applied. The fines imposed by the Board are not final, and a judicial remedy may be applied against the decision.

Restriction, Suspension and Revocation of Authority

In cases where safety or security is endangered or may be compromised within the scope of the responsibilities of the natural or legal person (“authorized”), to whom a license, permit or authorization certificate has been given by the Authority for the execution of an activity;

a) The activities carried out by the person authorized by the decision of the Board to restrict the authority within the scope of the authority are limited in terms of the conditions, scope, or duration of the authority.

b) The person authorized by the Board's decision to suspend the authorization cannot carry out the activities within the scope of the authorization for the specified period.

c) With the decision of the Board to cancel the authorization, the authorized person cannot carry out the activities within the scope of the authorization without re-authorization.

In case of cancellation of an authorization, starting from the date of cancellation; The same person cannot apply for a re-authorization for the activity subject to the authorization, which is canceled for a period of three months for activities requiring a authorization, six months for activities requiring a permission, and one year for activities requiring a license, and these persons cannot be authorized by the Authority.

For the detected violations to be corrected by the authorized person, the authorization may be restricted or suspended in addition to the administrative fine, depending on the severity of the risk to the public and the environment. In case it is determined by the Authority that the violation has been corrected by the authorized person within the specified period, the decision to restrict or suspend the authorization is lifted.

In case it is evaluated that the detected violations cannot be corrected by the authorized person and that this situation may threaten the protection of the public, employees, environment and future generations from radiation, the authorization granted by the Authority may be revoked in addition to the administrative fine.

In cases where it is determined that the false document, misleading information, or change in authorization conditions submitted for authorization or after authorization is the basis for authorization and it is determined that it is not possible to correct it, the authorization is restricted, suspended, or canceled in addition to the administrative fine.

If it is determined that there is a violation of the provisions in Article 14 of Code numbered 7381, the licenses and permits required for the execution of the relevant nuclear activity are suspended by the Authority until the obligation to take out insurance or provide collateral or renew the expired insurance policy or guarantee. Licenses and permits are canceled if the said obligation is not fulfilled within one year from the date of suspension. If it is justified by the authorized person and the reason is approved by the Institution and if the said obligation is not fulfilled within three years, licenses and permissions are revoked.

Situations Not Provisioned in the Regulation

In cases where there are no provisions in the Regulation, the provisions of the Misdemeanors Code Numbered 5326 and other relevant legislation are applied.