Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-26 - RADIATION CONTROL › Section 420-3-26-.13 - Administrative Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Purpose and Scope. This Rule establishes the administrative procedures for the
			 Agency as the Radiation Control Agency and describes the organization, methods
			 of conducting business, and interpretations as required by the Alabama
			 Administrative Procedures Act.
(2)
			 Organization and Method of Conducting Business.
(a) Organization. The State Board of Health
			 is designated in
Code of Ala. 1975
, §
									22-14-4, as the State Radiation
			 Control Agency with the State Health Officer as Director. The Director has
			 designated the Division of Radiation Control to implement Chapter 14 of Title
			 22,
Code of Ala. 1975
. The State Health Officer as
			 Director may delegate certain duties to the Division of Radiation Control and
			 its Director. These duties are:
1. To
			 inspect, process applications to register x-ray facilities, and investigate
			 accidents, incidents, and overexposures as may be required to assure the safe
			 use of x-ray equipment as is defined in these rules.
2. To inspect, the use of particle
			 accelerators and radioactive material, process applications to register
			 particle accelerators, process applications to license the use of radioactive
			 material(s), and investigate accidents, incidents and overexposure as may be
			 required to assure the safe use of particle accelerators or radioactive
			 materials.
3. To conduct
			 environmental monitoring around nuclear facilities which have a reasonable
			 potential for releasing radioactive material into the environment.
4. To develop emergency plans for responding
			 to any radiological emergency in accordance with Memoranda of Understanding and
			 other Agencies.
5. To respond to,
			 and pursuant to written delegations, issue orders necessary to protect the
			 public health and safety during radiation emergencies, incidents or
			 accidents.
6. To conduct limited
			 training in the safe use of radiation.
7. To answer public inquiries, investigate
			 complaints, and provide limited quantities of general information to the
			 public.
8. To receive, process, and
			 coordinate with other agencies requests for orders for the routing of
			 radioactive material shipments.
9.
			 To determine the compliance of a person's use of radiation as the result of an
			 inspection, investigation, or review of submitted information. This is subject
			 to review and appeal as provided for in this Rule.
10. To issue orders directing compliance with
			 these rules, and when not contested issue orders to suspend, revoke, or modify
			 a license or registration, or sources of radiation.
11. To develop contracts for programs
			 compatible with the Act.
12. To
			 issue orders relating to the routing of radioactive materials as provided for
			 in this Rule.
13. To maintain an
			 index and file of all decisions, opinions, and declaratory rulings issued by
			 the Agency; by subject matter. Copies of these orders are available in the
			 Division of Radiation Control's Office for public review and copying at
			 25¢ per page.
14. To maintain
			 a file of all licenses, registrations, inspections, investigations and related
			 correspondence for public inspection and copying at 25¢ per page. Certain
			 files may be temporarily unavailable when being used by the Staff or pending
			 determination of compliance or enforcement action. Further, information as
			 determined pursuant to §
										22-14-6(d)
Code of Ala. 1975
, shall not be available for public
			 review or copying.
15. To maintain
			 a list of all forms, statements of policy, instructions, guides, and
			 interpretations available for public review and copying.
16. To maintain copies of all memoranda of
			 understanding or contracts between the Agency and other agencies relating to
			 the radiation program in Alabama, for public inspection and for copying at
			 25¢ per page.
17. To issue
			 orders suspending a license if the inspection fees are not paid within 45 days
			 of billing the licensee as provided for in the Act.
18. To notify a licensee of any proposed
			 civil penalty as may be determined in accordance to Appendix A of this Rule
			 420-3-26-.13. Note, the licensee
			 may appeal or provide mitigating information for consideration before a final
			 order is issued.