On September 17, 2008, a Notice of Violation and Exercise of Enforcement Discretion were issued for a Severity Level III problem. The violations involved possession and use of a portable gauge containing radioactive material without an NRC license, and failure to provide complete and accurate information in its license application dated March 6, 2007. Specifically, from May 17, 2003, until March 6, 2007, Alaska Rim Engineering, Inc., possessed and used a portable gauging device in the state of Alaska, a non-Agreement State, without an NRC license and on March 6, 2007, Alaska Rim Engineering, Inc., submitted an application for an NRC license stating that it was planning to purchase and will be licensing one portable moisture density gauge. This is inaccurate because it had purchased and used the gauge in May 2003, without an NRC license.