16 DE Code § 7404. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 74. Radiation Control|§ 7404. Authority on Radiation Protection.

§ 7404. Authority on Radiation Protection. (a) There is created an Authority on Radiation Protection which shall be governed in accordance with Authority bylaws, established to ensure integrity, accountability, and transparency regarding decisions of the Authority which impact the citizens of Delaware. The Authority shall consist of the following members:  (1) The Secretary of the Department of Health and Social Services or a designee appointed by the Secretary. (2) The Secretary of the Department of Natural Resources and Environmental Control or a designee appointed by the Secretary. (3) Thirteen members, appointed by the Governor to include:  a. A Delaware licensed doctor of medicine or osteopathy. b. A Delaware licensed dentist. c. A Delaware licensed doctor of medicine or osteopathy specializing in radiology. d. A Delaware licensed veterinarian. e. A Delaware certified radiation technologist or technician. f. A Delaware licensed pharmacist. g. Two qualified members from the staff or faculty of different Delaware institutions of higher education.  h. Two nonmedical members from industry. i. Three members of the public, 1 representing each county, who need not fall into any of the other categories for membership on the Authority, but who have an interest in radiation protection. Each public member shall have had training or experience in 1 or more of the following fields: radiology, nuclear medicine, radiation oncology, radiation physics, health physics, or related sciences.  (b) Authority members appointed by the Governor shall be appointed for a term of 3 years. Each Authority member shall hold over after the expiration of the member's term until the member's successor has been appointed and has taken office. Vacancies shall be filled for the unexpired term. The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. If an appointed member fails to attend 3 successive meetings of the Authority without just cause, that member's position may be deemed vacant, and the Governor may appoint a replacement. (c) The Secretary of Health and Social Services or the Secretary's duly authorized designee shall be Secretary of the Authority, and shall provide staffing and facilities required to enable the Office of Radiation Control to deliver core services as defined by the Delaware Radiation Control Regulations, as promulgated or amended by the Authority. The Office of Radiation Control in the Department of Health and Social Services shall be the administrative agent for the Authority. The Office of Radiation Control in the Department of Health and Social Services shall make such inspections, conduct such investigations, collect fees or administrative penalties established or levied by the Authority, administer such revenue through the General Fund, and do such other acts as may be necessary to carry out this chapter within the limits of the appropriation made for this purpose. The administrative agent shall have all of the powers conferred by law upon the Authority except adopting the rules and regulations provided for in this chapter, subject, however, to the general direction of the Authority. (d) [Repealed.] (e) The Authority shall elect a Chairperson to serve for at least 1 year from those members appointed by the Governor. The Chairperson shall lead biennial review of the Authority bylaws, chair public hearings and issue approval of regulations amended or promulgated by the Authority. A majority of the Authority shall constitute a quorum to transact its business. Counting for quorum does not include member positions that are vacant. (f) The Authority shall hold at least 4 regular meetings each calendar year and such special meetings as it deems necessary. (g) The Authority shall establish and provide biennial review of the Authority bylaws. (h) The Authority shall review policies and programs relating to control of ionizing radiation and make recommendations thereon to the agencies of the State. (i) The Authority may aid the Department of Health and Social Services in the employment, training of and prescribing of the power and duties of such individuals as may be necessary to carry out this chapter. 16 Del. C. 1953, §  7404;  56 Del. Laws, c. 266, §  1;  57 Del. Laws, c. 591, §§  16, 17;  60 Del. Laws, c. 698, §  2;  64 Del. Laws, c. 302, §§  1, 2;  67 Del. Laws, c. 192, §  5;  69 Del. Laws, c. 67, §  2;  70 Del. Laws, c. 149, §  198;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 249, §  2;  78 Del. Laws, c. 336, §  1;  83 Del. Laws, c. 99, § 1;