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3309
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MARVIN MANDEL, Governor
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899.
A LICENSE ISSUED BY THE SECRETARY MAY BE REVOKED,
SUSPENDED, OR LIMITED IF THE SECRETARY FINDS AFTER
REASONABLE NOTICE AND OPPORTUNITY FOR A HEARING TO THE
LICENSEE, THAT SUCH LICENSEE;
(1) HAS BEEN GUILTY OF MISREPRESENTATION IN
OBTAINING A LICENSE;
(2) HAS ENGAGED OR ATTEMPTED TO ENGAGE OR
REPRESENTED HIMSELF AS ENTITLED TO PERFORM ANY RESEARCH
OR PROCEDURE OR CATEGORY OF PROCEDURES NOT AUTHORIZED BY
THE LICENSE;
(3) HAS FAILED TO COMPLY WITH NIH GUIDELINES
WITH RESPECT TO RESEARCH FACILITIES OR PERSONNEL;
(4) HAS WILFULLY FAILED TO COMPLY WITH
REASONABLE REQUESTS OF THE SECRETARY FOR ANY INFORMATION
OR MATERIALS THE SECRETARY DEEMS NECESSARY TO DETERMINE
CONTINUED ELIGIBILITY FOR ITS LICENSE OR CONTINUED
COMPLIANCE WITH THE NIH GUIDELINES;
(5) HAS REFUSED A REQUEST FROM THE SECRETARY
OR AGENT OF THE SECRETARY FOR PERMISSION TO INSPECT THE
RESEARCH FACILITY AND ITS OPERATIONS AND PERTINENT
RECORDS AT ANY REASONABLE TIME; OR
(6) HAS WILFULLY VIOLATED OR AIDED AND
ABETTED ANY VIOLATION OF ANY PROVISION OF THIS SECTION OR
OF ANY GUIDELINE.; OR
(7) HAS FAILED TO CORRECT ANY VIOLATIONS OF
THIS ACT WITHIN 30 DAYS AFTER WRITTEN NOTICE OF SUCH
VIOLATION AS SET FORTH IN SECTION 901(B) OF THIS ACT.
900.
WHENEVER THE SECRETARY HAS REASON TO BELIEVE THAT A
CONTINUATION OF ANY ACTIVITY BY A RESEARCH FACILITY
LICENSEE UNDER THIS SECTION WOULD CONSTITUTE A
SIGNIFICANT HAZARD TO THE PUBLIC HEALTH, THE ATTORNEY
GENERAL MAY, AT THE SECRETARY'S REQUEST, BRING SUIT IN
THE NAME OF THE STATE IN THE CIRCUIT COURT FOR THE
CIRCUIT IN WHICH SUCH FACILITY IS SITUATED TO ENJOIN
CONTINUATION OF SUCH ACTIVITY AND UPON A PROPER SHOWING,
A TEMPORARY INJUNCTION OR RESTRAINING ORDER AGAINST
CONTINUATION OF SUCH ACTIVITY PENDING ISSUANCE OF A FINAL
ORDER MAY BE GRANTED WITHOUT BOND.
901.
THE SECRETARY SHALL APPOINT A BIOHAZARDS COMMITTEE
OF SEVEN PERSONS FOR THE PURPOSE OF EVALUATING ALL
RECOMBINANT DNA RESEARCH PROJECTS PRIOR TO ISSUANCE OF A
LICENSE AND TO MONITOR SUCH LICENSED PROJECTS.
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