reglab/housing_qa huggingface dataset:
TN Code § 68-202-402 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-402. Specific Licensee Bond — Additional Requirements — Private Ownership or Operation

  The commissioner may require the posting of a bond by an existing specific licensee by amendment to an existing license or by a person making application for a new specific license to assure the availability of funds to the state in the event of abandonment, insolvency or other inability of the specific licensee to meet the requirements of the commissioner regarding a public health hazard created by the presence of radioactive sources at a site occupied by the licensee or formerly under its possession, ownership or control. The commissioner is authorized to establish by rule or regulation, or order based upon such rule or regulation, the bonding requirements by classes of specific licensees and by range of monetary amounts. In establishing such requirements, the commissioner shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of sources of radiation used by the specific licensee, the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the specific licensee to perform such services to the satisfaction of the commissioner.   In the event it is determined that there is a reasonable probability that a licensed facility will eventually cease to operate while containing, storing, or otherwise possessing radioactive sources on the premises which will require continuing and perpetual care or surveillance over the facility to protect the public health, safety, or welfare, the commissioner may require a specific licensee to deposit sums, in addition to posting bond, in such amounts and under such circumstances as the commissioner shall determine as necessary by rule, regulation, or order based upon such rule or regulation, in a trust fund maintained as the perpetual care trust fund in the name of the state. In establishing such additional requirements, the commissioner shall give due consideration to the nature of the licensed radioactive material, the size and type of facility to be decommissioned, and the anticipated expenses of perpetual care and surveillance.   No private person shall be precluded by reason of criteria established under subsections (a) and (b) from ownership or operation of facilities containing, storing or otherwise possessing radioactive sources where such person can provide assurance of financial responsibility and continuity of operation consistent with the degree and duration of risks associated with the possession of radioactive sources. The commissioner is authorized to promulgate rules and regulations to establish criteria for determining adequacy of assurance of financial responsibility and continuity of operation.
TN Code § 68-202-403 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-403. Sufficiency of Bond

 An acceptable bond shall be a bond issued by a fidelity or surety company authorized to do business in this state, a personal bond supported by such collateral as the commissioner shall deem to be satisfactory, or a cash bond in an amount to be determined by the commissioner.
TN Code § 68-202-404 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-404. Payment and Life of Bond

  The bonds obtained by specific licensees shall be payable to the state of Tennessee and shall remain effective for a reasonable period of time, to be determined by the commissioner, following the expiration of the license covered by the bond.   The commissioner may revoke any existing specific license or withhold the issuance of a new specific license pending the furnishing by the applicant of an acceptable bond.
TN Code § 68-202-405 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-405. Forfeiture and Disposition of Bond — Trust Fund

  At any time during the life of a bond, the commissioner may order forfeiture of the bond based upon the commissioner's determination of abandonment, insolvency, or other inability of the specific licensee to perform to the satisfaction of the commissioner.   All forfeited bonds shall be deposited in a special account in the name of the state entitled “the radiation reclamation trust fund.”   All moneys deposited in such fund may be expended by the commissioner as the commissioner considers necessary to assure the protection of the public health, safety or welfare.   Following the decontamination, removal and disposal of radioactive sources, and the reclamation of the premises, any funds remaining from the forfeited bond shall accrue to the state and shall not be refundable to the specific licensee.   The moneys which are deposited in the radiation reclamation trust fund and the perpetual care trust fund shall not be used for normal operating expenses of the department but shall be expended only for the decontamination, the removal and disposal of radioactive materials, the reclamation of sites or facilities, and the perpetual care and surveillance of sites or facilities where the specific licensee has abandoned, defaulted, or otherwise refused to perform the above services to the satisfaction of the commissioner.   Moneys accumulated in the radiation reclamation trust fund or the perpetual care trust fund may be transferred by the commissioner whenever it is determined by the commissioner that the transfer of such funds is required to provide services at abandoned, inoperative, decommissioned facilities, or at contaminated sites to protect the public health, safety or welfare.
TN Code § 68-202-406 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-406. Notice of Hearing and Procedure

 The commissioner shall inform a specific licensee in writing delivered by certified mail of the commissioner's determination pursuant to § 68-202-402 or § 68-202-405 and the reasons therefor, including references to any radiological surveys which may have been conducted by the department. If the licensee objects to the determination made by the commissioner pursuant to § 68-202-405, the licensee may, within thirty (30) days, file a written request for a hearing before the commissioner, which shall be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 68-202-407 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-407. Donations

  In addition, the state may acquire voluntary contributions, donations, or other transfers from the specific licensee, or third persons, including other governmental agencies, in order to provide the necessary services to protect the public health, safety or welfare at contaminated sites or at abandoned, inoperative, or decommissioned facilities owning, storing, or otherwise possessing radioactive materials. Any such transfer of cash, land, or other assets is subject to the approval and acceptance of the donation by the commissioner.   In the event that a person or entity licensed by a governmental agency, other than the state of Tennessee, should ever attempt to transfer an abandoned, inoperative, or decommissioned facility owning, storing, or otherwise possessing radioactive materials to the custody of the state of Tennessee, the commissioner shall require that the person transferring the facility make a lump sum contribution to the radiation reclamation trust fund or the perpetual care trust fund pursuant to § 68-202-402 in an amount to be determined by the commissioner by rule, regulation, or order based upon the rule or regulation.
TN Code § 68-202-408 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-408. Accrual of Trust Funds

 The funds deposited in the radiation reclamation trust fund and the perpetual care trust fund shall accrue at the best possible rate of interest so as to defray the anticipated expenses of providing the necessary services to protect the public health, safety or welfare.
TN Code § 68-202-409 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-409. Commissioner's Authority

 The commissioner may enter into leases, licenses, or contracts with any person to furnish the requisite services and products for decontamination, reclamation, source removal and disposal, surveillance, and perpetual care over an abandoned, inoperative, or decommissioned facility in order to protect the public health, safety or welfare. Any lessee, licensee, or contractor operating under this section may be required to post a bond in an amount to be determined by the commissioner under this part.
TN Code § 68-202-410 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-410. Ownership of Facilities and Radioactive Sources

  Recognizing the uncertainty of the existence of a person or corporation in perpetuity and further recognizing the obligation of the state to protect the public health, safety and welfare, all lands, buildings, and assets acquired by the state under this part shall be held in fee simple absolute by the state and dedicated in perpetuity to the maintenance of the public health, safety or welfare.   All radioactive sources stored, possessed, or located on the facility at the time of acquisition of ownership by the state shall become the property of the state.
TN Code § 68-202-411 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-411. Power to Sue

 The forfeiture of a bond under § 68-202-405 is not the exclusive remedy of the state and proceedings may be instituted to recover expenditures made by the department which were in excess of the forfeited bond and other deposits made by the specific licensee. Upon approval by the attorney general and reporter, the staff attorneys of the department may, under supervision of the attorney general and reporter, represent the department in any such action.
TN Code § 68-202-412 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-412. Exemptions

 All state agencies and practitioners of the healing arts, except those holding radium 226 therapeutic licenses, are exempt from the requirements of this part. The commissioner is authorized to exempt by rule, regulation, or order based upon such rule or regulation, other classes of specific licensees from the requirements of this part upon the commissioner's determination that such exemption will not result in a risk to the public health, safety or welfare.
TN Code § 68-202-413 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-413. Rules and Regulations

 The commissioner shall adopt, promulgate, and enforce such rules and regulations as necessary to implement and enforce this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 68-202-414 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-414. Provisions Supplemental

 This part is declared to be cumulative and is intended to supplement existing laws, and shall not be construed to repeal any existing law specifically enacted for the protection of the public health, safety or welfare.
TN Code § 68-202-415 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-415. Civil and Criminal Penalties

  Any person violating any of this part, any order issued in accordance with this part or any rule, regulation or standard adopted pursuant to this part commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense.   Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) per day for each violation. Each day such violation continues constitutes a separate violation, and such person shall also be liable for any damages to the state resulting from such violation.  Any civil penalty or damages shall be assessed in the following manner:  The commissioner may issue an assessment against any person responsible for the violation or damages. Such person shall receive notice of such assessment by certified mail, return receipt requested, or by any other method authorized by law;   Any person against whom an assessment has been issued may request a hearing before the commissioner for a review of the assessment;   If a petition for review of assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment, and it shall become final;   Whenever an assessment has become final because of a person's failure to appeal the assessment, the commissioner may apply to the appropriate court for a judgment and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment; and   The commissioner may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation or failure to comply occurred.     In assessing a civil penalty, the following factors may be considered:  The harm or potential harm done to the public or the environment;   The economic benefit gained by the violators;   The amount of effort put forth by the violator to attain compliance;   Any unusual or extraordinary enforcement cost incurred by the state; and   The need for an economic deterrent from future violations.     Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, and in restoring the air, water, land and other property, including animal, plant and aquatic life, of the state to their former condition.
TN Code § 68-202-416 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-416. Injunctions

 In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department, by the attorney general and reporter.   In such suits, the court may grant temporary or permanent injunctions or restraining orders.   Such proceedings shall not be tried by jury.
TN Code § 68-202-417 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 4 - Restoration of Facilities|§ 68-202-417. Show Cause Meetings — Written Complaints — Emergency Orders

  Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.   Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served.   Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.
TN Code § 68-202-501 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 5 - Medical Radiation Inspection Safety Act|§ 68-202-501. Short Title

 This part shall be known and may be cited as the “Medical Radiation Inspection Safety Act.”
TN Code § 68-202-502 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 5 - Medical Radiation Inspection Safety Act|§ 68-202-502. [reserved.]

  All radiation machines required to be registered as provided in this part shall be inspected on the following basis:  CLASS I — Once every four (4) years   CLASS II and V — Once every two (2) years   CLASS III, IV, VI, and VII — Annually.    Registrants obtaining the services of a qualified individual for inspections pursuant to this part shall pay a fee of eighteen percent (18%) of the fee established pursuant to chapter 203 of this title; provided, that an inspection is performed by a qualified individual and the inspection and the inspection report meet the requirements of the department's rules and the report is filed within sixty (60) days of the inspection. Such reduction shall not apply to any initial certified registration review fee. Such inspections by a qualified individual may be accepted by the department as the required inspection; however, such inspection shall be subject to a random survey inspection by the department for maintaining quality assurance or enforcement action. The department will develop a protocol for Class II inspections performed by the department to take into consideration requested or restricted hours for such inspection when such information is provided in writing to the department at the time of annual registration.   For the purposes of this part, a “qualified individual” is one who has demonstrated to the satisfaction of the department that such individual possesses the knowledge and training to measure ionizing radiation, to evaluate safety techniques, and to advise regarding radiation protection needs.   X-ray machines owned and used by public safety agencies of any county, city, municipality or any area operating under a metropolitan form of government shall be registered and inspected by the department according to this part, but shall not be required to pay any fee.
TN Code § 68-202-504 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 5 - Medical Radiation Inspection Safety Act|§ 68-202-504. Annual Registration

 Every qualified individual and every person who assembles, installs, or services radiation machines shall register annually with the department.
TN Code § 68-202-507 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 5 - Medical Radiation Inspection Safety Act|§ 68-202-507. Injunctions

 In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations of the commissioner in the chancery court of Davidson County or in the chancery court of the county wherein all or a part of the violation has or is about to occur, in the name of the department of environment and conservation, by the attorney general and reporter. In such suits, the court may grant temporary or permanent injunctions or restraining orders. Such proceedings shall not be tried by jury.
TN Code § 68-202-508 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 202 - Atomic Energy and Nuclear Materials|Part 5 - Medical Radiation Inspection Safety Act|§ 68-202-508. Show Cause Meetings — Written Complaints — Emergency Orders

  Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner or the commissioner's designee may request that such person appear informally and show cause why enforcement action should not be taken. Show cause meetings undertaken pursuant to this section are informal, voluntary and are not contested cases within the definition of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.   Whenever the commissioner has reason to believe that a violation of any provision of this part or regulation promulgated thereunder or orders issued pursuant thereto has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision or provisions of this part or regulation or order alleged to be violated or about to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the commissioner or the commissioner's designee. Any such order shall become final and not subject to review unless the person or persons named therein request a hearing in writing, no later than thirty (30) days after the date such order is served.   Whenever the commissioner finds that the public health, safety or welfare is threatened by radiation hazards and that immediate action is necessary to protect the public, an emergency order may be issued stating the issue of the emergency and directing immediate action as required to alleviate the situation. Immediate compliance with such order is required notwithstanding any request for a hearing.