WILLIAM DONALD SCHAEFER, Governor Ch. 783

(A)  (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "LISTED FACILITY" MEANS A RADON TESTING FACILITY
THAT IS DESIGNATED AS A PRIMARY COMPANY IN THE REPORT OF THE
LATEST ROUND OF THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY'S RADON/RADON PROGENY MEASUREMENT PROFICIENCY PROGRAM.

(3)  (I) "RADON TESTING DEVICE" MEANS A DEVICE THAT:

1.  COLLECTS RADON OR RADON PROGENY; AND

2.  REQUIRES ANALYSIS BY AN INDEPENDENT
MEASURING FACILITY OR RADON TESTER.

(II) "RADON TESTING DEVICE" DOES NOT INCLUDE A
SELF-ANALYZING DEVICE THAT COLLECTS RADON OR RADON PROGENY.

(B)  A PERSON WHO ENGAGES IN THE BUSINESS OF TESTING FOR THE
PRESENCE OF INDOOR RADON SHALL:

(1)  HAVE ALL TESTS ANALYZED BY A LISTED FACILITY;

(2)  INDICATE THE NAME OF THE LISTED FACILITY
CONDUCTING THE ANALYSIS ON THE RADON TESTING DEVICE; AND

(3)  DISCLOSE IN WRITING TO THE ULTIMATE CONSUMER THE
RESULTS OF THE RADON TEST AND THE NAME AND ADDRESS OF THE
FACILITY THAT ANALYZED THE TEST.

(C)  THE DEPARTMENT:

(1)  MAY ADOPT REGULATIONS TO REQUIRE RADON TESTING
FACILITIES TO SEND TEST RESULTS TO THE DEPARTMENT; AND

(2)  MAY NOT DISCLOSE, IN RESPONSE TO A REQUEST FROM
THE PUBLIC FOR THE NAME OF A RADON TESTING FACILITY, THE NAME OF
A RADON TESTER THAT IS NOT A LISTED FACILITY.

8-501.

(a) (1) A person who fails, refuses, or neglects to comply
with any provision of this title, or with any rule or regulation
adopted under this title, is guilty of a misdemeanor and on
conviction is subject to a fine not exceeding $10,000 or
imprisonment not exceeding 1 year or both.

(2) Before any prosecution is begun under this
subsection, the Secretary shall serve written notice of each
alleged violation on a person who is in charge of the place where
the violation allegedly exists.

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