333-102-0330 Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Transfer of Material (1) No licensee may transfer radioactive material except as authorized pursuant to this rule. (2) Except as otherwise provided in the license and subject to the provisions of sections (3) and (4) of this rule, any licensee may transfer radioactive material: (a) To the Authority; NOTE: A licensee may transfer radioactive material to the Authority only after receiving prior approval in writing from the Authority. (b) To the U.S. Department of Energy; (c) To any person exempt from the rules in this division to the extent permitted under such exemption; (d) To any person authorized to receive such material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the Authority, the U.S. Nuclear Regulatory Commission, any Agreement State or any Licensing State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Authority, an Agreement State or a Licensing State; or (e) As otherwise authorized by the Authority in writing. (3) Before transferring radioactive material to a specific licensee of the Authority, the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State, or to a general licensee who is required to register with the Authority, the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State prior to receipt of the radioactive material, the licensee transferring the material must verify that the transferee's license authorizes the receipt of the type, form and quantity of radioactive material to be transferred. (4) Any of the following methods for the verification required by section (3) of this rule are acceptable: (a) The transferor may possess and read a current copy of the transferee's specific license or registration certificate; (b) The transferor may possess a written certification by the transferee that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date; (c) For emergency shipments, the transferor may accept oral certification by the transferee that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date; provided, that the oral certification is confirmed in writing within 10 days; (d) The transferor may obtain other information compiled by a reporting service from official records of the Authority, the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State regarding the identity of licensees and the scope and expiration dates of licenses and registration; (e) When none of the methods of verification described in subsections (4)(a) through (4)(d) of this rule are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the Authority, the U.S. Nuclear Regulatory Commission, the licensing agency of an Agreement State or a Licensing State that the transferee is licensed to receive the radioactive material. (5) Shipment and transport of radioactive material must be in accordance with the provisions of division 118 of this chapter. Statutory/Other Authority: ORS 453.635 & 453.665 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85