2023 Indiana Code › Title 10. Public Safety › Article 19. Department of Homeland Security › Chapter 12. Nuclear Regulatory Agreement › 10-19-12-5. Duties; Registration, Regulation, and Use of Radiation Generating Equipment

Sec. 5. (a) The Indiana department of homeland security is designated as the state agency responsible for carrying out the duties of this chapter.
(b) The executive director of the department may use the authority granted under IC 10-19-3-4 and IC 10-19-3-5 to carry out the duties of this chapter.
(c) The department shall, for the protection of the occupational health and safety, public health and safety, and environment, do the following:
(1) Develop programs for evaluation and control of hazards associated with use of sources of radiation.
(2) Develop programs with due regard for compatibility with federal programs for regulation of byproduct, source, and special nuclear materials.
(3) Adopt rules and regulations, which may provide for licensing and registration, relating to control of sources of radiation with due regard for compatibility with the regulatory programs of the federal government.
(4) Issue such orders or modifications thereof as may be necessary in connection with proceedings under this chapter.
(5) Advise, consult, and cooperate with other state agencies, the federal government, other states and interstate agencies, political subdivisions, and other organizations concerned with control of sources of radiation.
(6) Have the authority to accept and administer grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private.
(7) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of radiation.
(8) Collect and disseminate information relating to control of sources of radiation, including maintenance of a file of:
(A) all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;
(B) registrants possessing sources of radiation requiring registration under the provisions of this chapter and any administrative or judicial action pertaining thereto; and
(C) all of the department's rules and regulations relating to regulation of sources of radiation, pending or promulgated, and proceedings thereon.
(d) Registration of radiation generating equipment and regulations regarding the use of radiation generating equipment shall be in accordance with IC 16-41-35.
(e) The department shall coordinate the registration, regulation, and use of radiation generating equipment under subsection (d). The department shall do the following in carrying out the duties of this subsection:
(1) Consult with and review regulations and procedures of a state agency or department that regulates, in part, radiation or radiation generating equipment to prevent unnecessary duplication, inconsistencies, or gaps in regulatory requirements.
(2) Review, before and after, the holding of any public hearing required under the provisions of this chapter prior to promulgation, the proposed rules and regulations of any state agencies that relate to the use and control of radiation, to assure that the rules and regulations are consistent with other agencies. Proposed rules and regulations are not effective until thirty (30) days after submission to the department, unless either the governor or the department waives all or part of the thirty (30) day period. The waiting period runs concurrently with any other waiting period required by state law.
(3) Consult with state agencies in an effort to resolve inconsistencies if the department determines that a proposed rule or regulation is inconsistent with an existing rule or regulation.
(4) Notify the governor if an inconsistency under subdivision (3) has not been resolved. Upon notification, the governor may find that the proposed rules and regulations or parts thereof are inconsistent with the rules and regulations of other agencies of the state and may issue an order to that effect in which event the proposed rules or regulations or parts thereof shall not become effective. The governor may, in the alternative, upon a similar determination, direct the appropriate agency or agencies to amend or repeal existing rules or regulations to achieve consistency with the proposed rules or regulations.
(f) The agencies of the state shall keep the department fully and currently informed as to their activities relating to development and regulation of sources of radiation.
As added by P.L.28-2022, SEC.2.