Ohio Admin. Code 3701:1-40-21 - Records
(A) Each person who
receives radioactive material under a license issued pursuant to the rules in
this chapter, and other chapters of the Administrative Code adopted pursuant to
Chapter 3748. of the Revised Code, and rule
3701:1-38-02
of the Administrative Code, shall keep records showing the receipt, transfer,
and disposal of the radioactive material as follows:
(1) The licensee shall retain each record of
receipt of radioactive material as long as the material is possessed and for
three years following transfer or disposal of the material.
(2) The licensee who transferred the material
shall retain each record of transfer for three years after each transfer unless
otherwise specified by rule for that particular licensed activity.
(3) The licensee who disposed of the material
shall retain each record of disposal of radioactive material until the director
terminates each license that authorizes disposal of the material.
(B) Except as provided in
paragraph (C) of this rule, the licensee shall retain each record that is
required by this chapter, Chapters 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52,
and 3701:1-58 of the Administrative Code, and rule
3701:1-38-02
of the Administrative Code, or by license condition for the period specified by
the appropriate regulation or license condition. If a retention period is not
otherwise specified by rule or license condition, the record must be retained
until the director terminates each license that authorizes the activity that is
subject to the recordkeeping requirement. Such records may be either the
original record or a reproduced copy or microform, provided that such copy or
microform is duly authenticated by authorized personnel and the microform is
capable of producing a clear and legible copy after storage for the period
specified by the director. The record also may be stored in electronic media
provided that the licensee is capable of producing legible, accurate, and
complete records during the required retention period. Records such as letters,
drawings, specifications, must include all pertinent information such as
stamps, initials, and signatures. The licensee shall maintain adequate
safeguards against record tampering and loss.
(C) In the case of a conflict between a
record requirement specified in rule and that requirement specified as a
license condition, the licensee shall comply with the license
condition.
(D) Prior to license
termination, each licensee authorized to possess radioactive material with a
half-life greater than one hundred twenty days, in an unsealed form, shall
forward to the department, records of disposal of radioactive material buried
without specific state authority or buried without authorization from the
United States nuclear regulatory commission prior to January 28, 1981, pursuant
to 10 C.F.R. 20.304
, as that section existed on January
1, 1981 .
(E) If licensed
activities are transferred or assigned in accordance with paragraph (B) of rule
3701:1-40-19
of the Administrative Code, each licensee authorized to possess radioactive
material, with a half-life greater than one hundred twenty days, in an unsealed
form, shall transfer the following records to the new licensee and the new
licensee will be responsible for maintaining these records until the license is
terminated:
(1) Records of disposal of
licensed material made under rule
3701:1-38-19 of
the Administrative Code, including any burial authorized under a United States
nuclear regulatory commission license on or before January 28, 1981, or a
previous "section 20.304 " permitted burial of a small quantity of licensed
material in soil by a United States nuclear regulatory commission licensee on
or before January 28, 1981, without specific authorization, in accordance with
10 C.F.R. 20.304 as that section existed on January 1, 1981.
(2) Records required by rule
3701:1-38-20 of the
Administrative Code.
(F)
Prior to license termination, each licensee shall forward to the department all
the records required by paragraph (I) of rule
3701:1-40-17
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 08/15/2005, 01/29/2007, 09/01/2011
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