333-102-0001 Purpose and Scope (1) This division prescribes rules applicable to all persons in the State of Oregon governing licensing of radioactive material, and for exemptions from licensing requirements. No person may receive, produce, possess, use, transfer, own or acquire byproduct material except as authorized in a specific or general license pursuant to this division or divisions 105, 113, 115, 116, 117, or 121 of this chapter. (2) In addition to the requirements of division 102, all licensees are subject to applicable requirements in divisions 100, 103, 111, 118, and 120 of this chapter. The requirements of this division are in addition to, and not in substitution for, other requirements of this chapter. In any conflict between the requirements in this division and a specific requirement in another division of the rules in this chapter, the specific requirement governs. (3) This division establishes general licenses for the possession and use of source material and depleted uranium, for radioactive material contained in certain items, and for ownership of radioactive material. (4) This division gives notice to all persons who knowingly provide to any licensee, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's activities subject to this division, that they may be individually subject to Authority actions pursuant to OAR 333-100-0035 or 333-100-0040. (5) This division prescribes requirements for the issuance of specific licenses to persons who manufacture or initially transfer items containing radioactive material for sale or distribution to persons granted a general license by this division or to persons authorized by the US Nuclear Regulatory Commission to distribute to persons exempted from licensing requirements, and it prescribes certain rules governing holders of these licenses. In addition, this division prescribes requirements for the issuance of specific licenses to persons who introduce radioactive material into a product or material owned by or in the possession of the licensee or another and rules governing holders of such licenses. Further, this division describes procedures and prescribes requirements for the issuance of certificates of registration (governing radiation safety information about a product) to manufacturers or initial transferors of sealed source or devices containing sealed sources, which are to be used by persons specifically licensed under this division or equivalent regulations of an Agreement State or the US Nuclear Regulatory Commission. (6) The Authority may engage the services of qualified persons in order to assist the Authority in meeting the requirements of this chapter, including, but not limited to, evaluating information that may be required under OAR 333-102-0200(6). (7) Information provided to the Authority by an applicant for a license or by a licensee or information required by statute or by the Authority's rules, orders, or license conditions to be maintained by the applicant or the licensee must be complete and accurate in all material respects. (8) Each applicant or licensee must notify the Authority of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety. An applicant or licensee violates this rule only if the applicant or licensee fails to notify the Authority of information that the applicant or licensee has identified as having a significant implication for public health and safety. Notification must be provided to the Authority within two working days of identifying the information. This requirement is not applicable to information that already is required to be provided to the Authority by other reporting or updating requirements. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.625 - 453.807 History: PH 20-2010, f. & cert. ef. 9-1-10 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 15-1994, f. & cert. ef. 5-6-94 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85