410 IAC 5-3-24 - Reciprocal licensure
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 24.
(a)
Licenses of Byproduct, Source, and Special Nuclear Material in Quantities Not
Sufficient to Form a Critical Mass.
(1)
Subject to 410 IAC 5, any person who holds a specific license from the U.S.
Nuclear Regulatory Commission or any agreement state, and issued by the agency
having jurisdiction where the licensee maintains an office for directing the
licensed activity and at which radiation safety records are normally
maintained, is hereby granted a general license to conduct the activities
authorized in such licensing document within this state for a period not in
excess of 180 days in any calendar year provided that:
(i) The licensing document does not limit the
activity authorized by such document to specified installations or
locations;
(ii) The out-of-state
licensee notifies the board in writing at least 3 days prior to engaging in
such activity. Such notification shall indicate the location, period, and type
of proposed possession and use within the state, and shall be accompanied by a
copy of the pertinent licensing document. If, for a specific case, the
[sic.] day period would impose an undue hardship on the
out-of-state licensee, the licensee may, upon application to the board, obtain
permission to proceed sooner. The board may waive the requirement for filing
additional written notifications during the remainder of the calendar year
following the receipt of the initial notification from a person engaging in
activities under the general license provided in 410 IAC
5-3-24(a)(1);
(iii) The
out-of-state licensee complies with all applicable rules of the board and with
all the terms and conditions of the licensing document, except any such terms
and conditions which may be inconsistent with applicable rules of the
board;
(iv) The out-of-state
licensee supplies such other information as the board may request;
and
(v) The out-of-state licensee
shall not transfer or dispose of radioactive material possessed or used under
the general license provided in 410 IAC 5-3-24(a)(1) except by transfer to a
person:
(A) Specifically licensed by the
board or by the U.S. Nuclear Regulatory Commission to receive such material,
or
(B) Exempt from the requirements
for a license for such material under
410 IAC
5-3-4(a).
(2) Notwithstanding the provisions
of 410 IAC 5-3-24(a)(1), any person who holds a specific license issued by the
U.S. Nuclear Regulatory Commission or an agreement state authorizing the holder
to manufacture, transfer, install, or service a device described in
410
IAC 5-3-7(d)(1) within areas subject
to the jurisdiction of the licensing body is hereby granted a general license
to install, transfer, demonstrate, or service such a device in Indiana provided
that:
(i) Such person shall file a report
with the board within 30 days after the end of each calendar quarter in which
any device is transferred to or installed in Indiana. Each such report shall
identify each general licensee to whom such device is transferred by name and
address, the type of device transferred, and the quantity and type of
radioactive material contained in the device;
(ii) The device has been manufactured,
labeled, installed, and serviced in accordance with applicable provisions of
the specific license issued to such person by the U.S. Nuclear Regulatory
Commission or an agreement state;
(iii) Such person shall assure that any
labels required to be affixed to the device under regulations of the authority
which licensed manufacture of the device bear a statement that "Removal of this
label is prohibited"; and
(iv) The
holder of the specific license shall furnish to each general licensee to whom
he transfers such device or on whose premises he installs such device a copy of
the general license contained in
410
IAC 5-3-7(d).
(3) The board may withdraw, limit, or qualify
its acceptance of any specific license or equivalent licensing document issued
by the U.S. Nuclear Regulatory Commission or an agreement state, or any product
distributed pursuant to such licensing document, upon determining that such
action is necessary in order to prevent undue hazard to public health and
safety or property.
(b)
Licenses of Naturally-Occurring and Accelerator-Produced Radioactive Material.
(1) Subject to 410 IAC 5, any person who
holds a specific license from a licensing state, and issued by the agency
having jurisdiction where the licensee maintains an office for directing the
licensed activity and at which radiation safety records are normally
maintained, is hereby granted a general license to conduct the activities
authorized in such licensing document within Indiana for a period not in excess
of 180 days in any calendar year provided that:
(i) The licensing document does not limit the
activity authorized by such document to specified installations or
locations;
(ii) The out-of-state
licensee notifies the board in writing at least 3 days prior to engaging in
such activity. Such notification shall indicate the location, period and type
of proposed possession and use within the state, and shall be accompanied by a
copy of the pertinent licensing document. If, for a specific case, the 3 day
period would impose an undue hardship on the out-of-state licensee, the
licensee may, upon application to the board, obtain permission to proceed
sooner. The board may waive the requirement for filing additional written
notifications during the remainder of the calendar year following the receipt
of the initial notification from a person engaging in activities under the
general license provided in 410 IAC 5-3-24(b)(1);
(iii) The out-of-state licensee complies with
all applicable rules of the board and with all the terms and conditions of the
licensing document, except any such terms and conditions which may be
inconsistent with applicable rules of the board;
(iv) The out-of-state licensee supplies such
other information as the board may request; and
(v) The out-of-state licensee shall not
transfer or dispose of radioactive material possessed or used under the general
license provided in 410 IAC 5-3-24(b)(1) except by transfer to a person:
(A) Specifically licensed by the board or by
another licensing state to receive such material, or
(B) Exempt from the requirements for a
license for such material under
410 IAC
5-3-4.
(2) Notwithstanding the provisions of 410 IAC
5-3-24(b)(1), any person who holds a specific license issued by a licensing
state authorizing the holder to manufacture, transfer, install, or service a
device described in
410
IAC 5-3-7(d)(1) within areas subject
to the jurisdiction of the licensing body is hereby granted a general license
to install, transfer, demonstrate or service such a device in Indiana provided
that:
(i) Such person shall file a report
with the board within 30 days after the end of each calendar quarter in which
any device is transferred to or installed in Indiana. Each such report shall
identify each general licensee to whom such device is transferred by name and
address, the type of device transferred, and the quantity and type of
radioactive material contained in the device;
(ii) The device has been manufactured,
labeled, installed, and serviced in accordance with applicable provisions of
the specific license issued to such person by a licensing state;
(iii) Such person shall assure that any
labels required to be affixed to the device under regulations of the authority
which licensed manufacture of the device bear a statement that "Removal of this
label is prohibited"; and
(iv) The
holder of the specific license shall furnish to each general licensee to whom
he transfers such device or on whose premises he installs such device a copy of
the general license contained in
410
IAC 5-3-7(d).
(3) The board may withdraw, limit, or qualify
its acceptance of any specific license or equivalent licensing document issued
by a licensing state or any product distributed pursuant to such licensing
document, upon determining that such action is necessary in order to prevent
undue hazard to public health and safety or
property.
Notes
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