2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-9 - Licensing of radioactive material; appeal.

A. It is unlawful for a person to possess, use, store, dispose of, manufacture, process, repair or alter any radioactive material unless he holds:
(1) a license issued by the nuclear regulatory commission and notification by the licensee to the agency of license identification;
(2) a license issued by an agreement state and notification by the licensee to the agency of license identification; or
(3) a license issued by the agency.
B. The agency shall issue licenses, collect license, registration and other related fees and deposit those fees in the radiation protection fund and shall approve requests for reciprocity in accordance with procedures prescribed by rule of the board. License applications shall be made on forms provided by the agency. The agency shall not issue a license unless the applicant has demonstrated the capability of complying with all applicable rules of the board.
C. The board may, by rule, establish radiation license, registration and other related fees and exempt from the requirements of licensure specific quantities of any radioactive material determined by the board not to constitute a health or environmental hazard.
D. The holding of a license issued by the agency, the nuclear regulatory commission or an agreement state does not relieve the licensee from the responsibility of complying with all applicable rules of the board.
E. A person who is or may be affected by licensing action of the agency may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1959, ch. 185, § 5; 1953 Comp., § 12-9-5; reenacted as 1953 Comp., § 12-9-7 by Laws 1971, ch. 284, § 7; 1977, ch. 343, § 9; 1981, ch. 364, § 1; 1998, ch. 55, § 91; 1999, ch. 265, § 93; 2000, ch. 86, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 284, § 7, repealed 12-9-7, 1953 Comp., relating to enforcement procedures and penalties, and enacted a new 74-3-9 NMSA 1978.
Cross references.
— For definitions of "nuclear regulatory commission," "agency," "agreement state" and "board,"
see
74-3-4 NMSA 1978 and notes thereto.
For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
Compiler's notes.
— For scope of review of the district court,
see
Zamora v. Vill. of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
The 2000 amendment,
effective May 17, 2000, inserted "collect license, registration and other related fees and deposit those fees in the radiation protection fund" in Subsection B and inserted "establish radiation license, registration and other related fees and" in Subsection C.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection E.
The 1998 amendment,
effective September 1, 1998, inserted "; appeal" in the section heading, substituted "rule" and "rules" for "regulation" and "regulations" throughout the section, and rewrote Subsection E.
"Licensing action,"
as used in Subsection E, includes denial of an exemption under this article and orders from the environmental improvement division directing the means used for use and disposal of radioactive material.
United Nuclear Corp. v. Fort
, 1985-NMCA-049, 102 N.M. 756, 700 P.2d 1005.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— State regulation of nuclear power plants, 82 A.L.R.3d 751.
State or local regulation of transportation of hazardous materials as pre-empted by Hazardous Materials Transportation Act (49 U.S.C.S. § 1801 et seq.), 78 A.L.R. Fed. 289.