reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
A. The following
				  statement of general policy and procedure explains the enforcement policy and
				  procedures of the Maine Center for Disease Control and Prevention, Radiation
				  Control Program in initiating enforcement actions. This statement is applicable
				  to enforcement in matters involving the public health and safety, and the
				  environment.
B. The purpose of the
				  enforcement program is to promote and protect the radiological health and
				  safety of the public, including employees' health and safety, and the
				  environment by:
(1) Ensuring compliance with
				  regulations and license conditions;
(2) Obtaining prompt correction of violations
				  and adverse quality conditions which may affect safety;
(3) Deterring future violations and
				  occurrences of conditions adverse to quality; and
(4) Encouraging improvement of licensee and
				  vendor11/performance, and by example, and that of
				  industry, including the prompt identification and reporting of potential safety
				  problems.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-2 - Severity of Violations

Current through 2024-29, July 17, 2024
A. Regulatory
				  requirements have varying degrees of safety or environmental significance.
				  Therefore, the relative importance of each violation must be identified as the
				  first step in the enforcement process.
B. Consequently, violations are categorized
				  in terms of five levels of severity to show their relative importance within
				  each of the following five activity areas:
I.
				  Health physics;
II.
				  Transportation;
III. Materials
				  operations;
IV. Miscellaneous
				  matters; and
V. Emergency
				  preparedness.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-3 - Enforcement Conferences

Current through 2024-29, July 17, 2024
A. Whenever the
				  Agency has learned of the existence of a potential violation for which a civil
				  penalty or other escalated enforcement action may be warranted, or recurring
				  nonconformance on the part of a vendor, the Agency will normally hold an
				  enforcement conference with the licensee or vendor prior to taking enforcement
				  action. The Agency may also elect to hold an enforcement conference for other
				  violations, e.g. Severity Level IV violation, which, if repeated, could lead to
				  escalated enforcement action. The purpose of the enforcement conference is to
(1) Discuss the violations or nonconformance,
				  their significance and causes, and the licensee's or vendor's corrective
				  actions,
(2) Determine whether
				  there are any aggravating or mitigating circumstances, and
(3) Obtain other information which will help
				  determine the appropriate enforcement action.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-4 - Enforcement Actions

Current through 2024-29, July 17, 2024
A. This Part
				  describes the enforcement sanctions available to the Agency and specifies the
				  conditions under which each may be used. The basic sanctions are notices of
				  violation, civil penalties, and orders of various types. Additionally, related
				  administrative mechanisms such as bulletins and confirmatory action letters,
				  notices of nonconformance and notices of deviation are used to supplement the
				  enforcement program.
B. In
				  selecting the enforcement sanctions to be applied, the Agency will consider
				  enforcement actions taken by other State regulatory bodies having concurrent
				  jurisdiction, such as in environmental or transportation matters. With very
				  limited exceptions, whenever a violation of Agency requirements is identified,
				  enforcement action is taken. The nature and extent of the enforcement action is
				  intended to reflect the seriousness of the violation involved.
C. For the vast majority of violations,
				  action by the Agency is appropriate in the form of a notice of violation
				  requiring a formal response from the recipients describing its corrective
				  actions.
D. In situations involving
				  nonconformance on the part of a vendor, a Notice of Nonconformance will be
				  issued.
E. Elevated enforcement
				  actions include civil penalties orders modifying, suspending or revoking
				  licenses; or orders to cease and desist from designated activities.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-5 - Notice of Violation

Current through 2024-29, July 17, 2024
A. Before
				  instituting any proceeding to modify, suspend, or revoke a license or to take
				  other action for alleged violation of any provision of the Radiation Protection
				  Act or this rule or the conditions of the license, the Agency will serve on the
				  licensee or other person subject to the jurisdiction of the Agency a written
				  notice of violation, except as provided in paragraph (3) of this section. The
				  notice of violation will concisely state the alleged violation and will require
				  that the licensee or any other person submit, within 20 working days of the
				  date of the notice or other specified time, a written explanation or statement
				  in reply including:
(1) Corrective steps
				  which have been taken by the licensee or other person and the results
				  achieved;
(2) Corrective steps
				  which will be taken; and
(3) The
				  date when full compliance will be achieved.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-6 - Civil Penalties

Current through 2024-29, July 17, 2024
A. A civil penalty
				  is a monetary penalty that may be imposed for violation of:
(1) Certain specified licensing provisions of
				  the Radiation Protection Act or these rules, or orders, or
(2) Any requirement for which a license may
				  be revoked. Civil penalties are designed to emphasize the need for lasting
				  remedial action and to deter future violations.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-8 - Orders

Current through 2024-29, July 17, 2024
A. An order is a written Agency directive to
				  modify, suspend, or revoke a license to cease and desist from a given practice
				  or activity or to take such other action as may be proper. Orders may be issued
				  as set forth below. Orders may also be issued in lieu of, or in addition to,
				  civil penalties as appropriate.
(1) License
				  Modification Orders are issued when some change in licensee equipment,
				  procedures, or management controls is necessary.
(a) The Agency may modify a license by
				  issuing an amendment on notice to the licensee that the licensee may demand a
				  hearing with respect to all or any part of the amendment within 20 working days
				  from the date of the notice or such longer period as the notice may
				  provide.
(b) The amendment will
				  become effective on the expiration of the 20-day period during which the
				  licensee may demand a hearing. If the licensee requests a hearing during this
				  20-day period, the amendment will become effective on the date specified in an
				  order made following the hearing.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-10 - Related Administrative Actions

Current through 2024-29, July 17, 2024
In addition to the formal enforcement mechanisms of
					 notices of violation, civil penalties, and orders, the Agency also uses
					 administrative mechanisms, such as bulletins, circulars, information notices,
					 generic letters, notices of deviation, notices of nonconformance and
					 confirmatory action letters to supplement its enforcement program. The Agency
					 expects licensees and vendors to adhere to any obligations and commitments
					 resulting from these processes and will not hesitate to issue appropriate
					 orders to licensees to make sure that such commitments are met.
A. Bulletins, circulars, information notices
				  and generic letters are written notifications to groups of licensees
				  identifying specific problems and recommending specific actions.
B. Notices of deviation are written notices
				  describing a licensee's failure to satisfy a commitment where the commitment
				  involved has not been made a legally binding requirement. A notice of deviation
				  requests a licensee to provide a written explanation or statement describing
				  corrective steps taken (or planned), the result achieved, and the date when
				  corrective action will be completed.
C. Confirmatory action letters are letters
				  confirming a licensee's or vendor's agreement to take certain actions to remove
				  significant concerns about health and safety, safeguards, or the
				  environment.
D. Notices of
				  nonconformance are written notices describing non-licensees' failure to meet
				  commitments which have not been made legally binding requirements by the
				  Agency. Notices of nonconformances request non-licensees to provide written
				  explanation or statements describing corrective steps (taken or planned), the
				  results achieved, the dates when corrective actions will be completed, and
				  measures taken to preclude recurrence.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-11 - Referrals to Department of the Attorney General

Current through 2024-29, July 17, 2024
Alleged or suspected criminal violations of the Radiation
					 Protection Act (and of other relevant state laws) are referred to the
					 Department of the Attorney General for investigation. Referral to the Attorney
					 General does not preclude the Agency from taking other enforcement action.
					 However, such actions will be coordinated with the Department of the Attorney
					 General to the extent practicable.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Section 144-220-B-12 - Public Disclosure of Enforcement Actions

Current through 2024-29, July 17, 2024
In accordance with the Administrative Procedures Act, all
					 enforcement actions and licensees' responses are publicly available for
					 inspection. In addition, press releases are generally issued for civil
					 penalties and orders. In the case of orders and civil penalties related to
					 violations at Severity Level I, II, or III, press releases are issued at the
					 time of the order or the proposed imposition of the civil penalty. Press
					 releases are not normally issued for Notices of Violation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Appendix 144-220-B-A - SEVERITY CATEGORIES › Section 144-220-B-A-1 - Severity Level I - Most Significant Violations

Current through 2024-29, July 17, 2024
A. Health Physics
1. Single exposure of a worker in excess of
					 25 rems (0.25 Sv) of radiation to the whole body, 150 rems (1.5 Sv) to the skin
					 of the whole body, or 375 rems (3.75 Sv) to the feet, ankles, hands, or
					 forearms;
2. Annual whole body
					 exposure of a member of the public in excess of 2.5 rems (0.025 Sv) of
					 radiation;
3. Release of
					 radioactive material to an unrestricted area in excess of ten times the limits
					 of section D.1302;
4. Disposal of
					 licensed material in quantities or concentrations in excess of ten times the
					 limits of section D.2001;
5.
					 Exposure of a worker in restricted areas of ten times the limits of section
					 D.1201.;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Appendix 144-220-B-A - SEVERITY CATEGORIES › Section 144-220-B-A-2 - Severity Level II - Very Significant Violations

Current through 2024-29, July 17, 2024
A. Health Physics
1. Single exposure of a worker in excess of 5
					 rems (0.05 Sv) of radiation to the whole body, 30 rems (0.3 Sv) to the skin of
					 the whole body or 75 rems (0.75 Sv) to the feet, ankles, hands or
					 forearms;
2. Annual whole body
					 exposure of a member of the public in excess of 0.5 rems (0.005 Sv) of
					 radiation;
3. Release of
					 radioactive material to an unrestricted area in excess of five times the limits
					 of Part D.1302.;
4. Failure to make
					 an immediate notification as required by Parts D.2201 and D.2202;
5. Disposal of license material in quantities
					 or concentrations in excess of five times the limits of Part D.2001;
6. Exposure of a worker in restricted areas
					 in excess of five times the limits of Part D.1201;
7. An x-ray system having a malfunction such
					 that inadvertent exposures could occur e.g., a system such that when the
					 exposure switch is activated, not one but repeated exposures occur, or the
					 timer fails to terminate exposure, or exposure initiated without utilizing the
					 exposure switch.
8. A fluoroscopic
					 x-ray system with a tabletop entrance exposure rate of greater than or equal to
					 25 R/min (0.25 Gy/min) at the point where the center of the useful beam enters
					 the patient, except:
(a) During recording of
					 fluoroscopic images, or
(b) When an
					 optional high level control is activated.
9. A fluoroscopic system such that the entire
					 x-ray beam is not intercepted by the primary protective barrier, or
10. Therapy systems which exhibit excessive
					 leakage and/or inoperable door interlocks, shutters, timers, etc.
11. Therapy system, with improper
					 operator/patient communication/observation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Appendix 144-220-B-A - SEVERITY CATEGORIES › Section 144-220-B-A-4 - Severity Level IV - Violations

Current through 2024-29, July 17, 2024
A. Health
					 Physics
1. Exposures in excess of the limits
					 of Part D. not constituting Severity Level I, II, or III violations;
2. A radiation level in an unrestricted area
					 such that an individual could receive greater than 2 millirem (20 µSv) in
					 a one-hour period or 100 millirem (1 mSv) in any seven consecutive
					 days;
3. Failure to make a 30-day
					 notification required by Part D.2202;
4. Failure to make a follow-up written report
					 as required by Parts D.2201, D.2203, and J.4; or
5. Any other matter that has more than minor
					 safety or environmental significance.
6. A capacitor storage radiographic system
					 such that the standby radiation is greater than 3.0 mR/hr (30 µGy/hr),
					 but less than 25 mR/hr (250 µGy/hr).
7. Systems equipped with positive beam
					 limitation devices which do not allow the field size to be reduced to a size
					 less than that of the image receptor.
8. Systems equipped with positive beam
					 limiting devices which do not provide for an automatic return to PBL from a
					 reduced field size.
9. Mobile
					 radiographic systems for which the minimum source to skin distance is less than
					 27.5 centimeters.
10. Mammographic
					 systems manufactured after October 1977 for which the edges of the x-ray field
					 on the right or left sides extend beyond the edges of the image receptor. If
					 manufactured prior to November 1977 and the edges of the x-ray field on either
					 side extend beyond the edge of the image receptor by more than 5 percent of the
					 SID.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part B - ENFORCEMENT ACTIONS, PROCEDURES, AND CIVIL PENALTIES › Appendix 144-220-B-A - SEVERITY CATEGORIES › Section 144-220-B-A-5 - Severity Level V - Minor violations

Current through 2024-29, July 17, 2024
A.
					 Health Physics
1. For a fluoroscopic x-ray
					 system where the maximum allowable tabletop exposure rate is 5 R/min (0.05
					 Gy/min) , test values of greater than 5.0 R/min (0.05 Gy/min) (uncorrected),
					 but less than 7.0 R/min (0.07 Gy/min). Correspondingly, if the maximum
					 allowable tabletop exposure rate is 10 R/min (0.10 Gy/min), test values of
					 greater than 10.0 R/min (0.10 Gy/min) (uncorrected) but less than 14.0 R/min
					 (0.14 Gy/min) are included.
2.
					 Other violations that have minor safety or environmental
					 significance.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › Section 144-220-C-1 - Purpose and scope

Current through 2024-29, July 17, 2024
A. Parts C, E, G,
				  I, L, N, and Q of this rule, provide for the licensing of radioactive material
				  and the assignment of fees for such licenses.1 No
				  person shall manufacture, produce, receive, possess, use, transfer, own or
				  acquire radioactive material except as authorized in a specific or general
				  license issued pursuant to this Part or as otherwise provided in Parts E, G, I,
				  N or Q of this rule or in a specific or general license issued pursuant to
				  Parts C, G or L, or as otherwise provided in these Parts. Fees are specifically
				  addressed in Appendix A to Part C.
B. This Part and Part B also give notice to
				  all persons who knowingly provide to any licensee, applicant, certificate of
				  registration holder, contractor or sub-contractor, any components, equipment,
				  materials, or other goods or services that relate to a licensee's, applicant's
				  or certificate of registration holder's activities subject to these rules, that
				  those persons may be individually subject to Agency enforcement action for
				  violation as prescribed in Part B.
C. In addition to the requirements of this
				  Part, all licensees are subject to the requirements of Parts A, D, J and L of
				  this rule. Licensees engaged in industrial radiographic operations are subject
				  to the requirements of Part E, licensees involved in the medical use of
				  radioactive material are subject to the requirements of Part G, licensees using
				  particle accelerators, excluding medical therapy accelerators, are subject to
				  the licensing requirements of Part I of this rule, licensees using irradiators
				  are subject to the requirements of Part Q of this rule, licensees engaged in
				  the use of technically enhanced naturally occurring radioactive material
				  (TENORM) are subject to the requirements of Part N of this rule, and licensees
				  engaged in wireline and subsurface tracer studies are subject to the
				  requirements of Part K of this rule.
1 Attention is directed to the
					 fact that regulation by the State of source material, radioactive material, and
					 special nuclear material in quantities not sufficient to form a critical mass
					 is subject to the provisions of the agreement between the State and the U.S.
					 Nuclear Regulatory Commission and to 10 CFR Part 150 of the Commission's
					 regulations.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › EXEMPTIONS FROM THE REGULATORY REQUIREMENTS › Section 144-220-C-2 - Source material

Current through 2024-29, July 17, 2024
A. Any person is
					 exempt from this Part to the extent that such person receives, possesses, uses,
					 owns, or transfers source material in any chemical mixture, compound, solution,
					 or alloy in which the source material is by weight less than 1/20 of 1 percent
					 (0.05 percent) of the mixture, compound, solution, or alloy.
B. Any person is exempt from this Part to the
					 extent that such person receives, possesses, uses, or transfers unrefined and
					 unprocessed ore containing source material; provided that, except as authorized
					 in a specific license, such person shall not refine or process such
					 ore.
C. Any person is exempt from
					 this Part to the extent that such person receives, possesses, uses, or
					 transfers:
(1) Any quantities of thorium
					 contained in:
(a) Incandescent gas
					 mantles,
(b) Vacuum
					 tubes,
(c) Welding rods,
(d) Electric lamps for illuminating purposes
					 provided that each lamp does not contain more than 50 milligrams of
					 thorium,
(e) Germicidal lamps,
					 sunlamps, and lamps for outdoor or industrial lighting provided that each lamp
					 does not contain more than 2 grams of thorium,
(f) Rare earth metals and compounds,
					 mixtures, and products containing not more than 0.25 percent by weight thorium,
					 uranium, or any combination of these, or
(g) Personnel neutron dosimeters, provided
					 that each dosimeter does not contain more than 50 milligrams of
					 thorium;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › EXEMPTIONS FROM THE REGULATORY REQUIREMENTS › Section 144-220-C-3 - Radioactive material other than source material

Current through 2024-29, July 17, 2024
A. Exempt Concentrations
(1) Except as provided in C.3.A(2) and
					 C.3.A(4), any person is exempt from this Part to the extent that such person
					 receives, possesses, uses, transfers, owns or acquires products containing
					 radioactive material introduced in concentrations not in excess of those listed
					 in Schedule B of this Part.
(2) No
					 person may introduce radioactive material into a product or material knowing or
					 having reason to believe that it will be transferred to persons exempt under
					 C.3.A(1) or equivalent regulations of the U.S. Nuclear Regulatory Commission or
					 any Agreement State except in accordance with a specific license issued
					 pursuant to C.11.A. or as provided in
					 10 CFR
					 32.11.
(3) This section shall not be deemed to
					 authorize the import of radioactive material or products containing radioactive
					 material.
(4) A manufacturer,
					 processor, or producer of a product or material is exempt from the requirements
					 for a license set forth in the Act and from this rule to the extent that he or
					 she transfers radioactive material contained in a product or material in
					 concentrations not in excess of those specified in Schedule A of Part C and
					 introduced into the product or material by a licensee holding a specific
					 license issued by the NRC expressly authorizing such introduction. This
					 exemption does not apply to the transfer of radioactive material contained in
					 any food, beverage, cosmetic, drug, or other commodity or product designed for
					 ingestion or inhalation by, or application to, a human
					 being.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › LICENSES › Section 144-220-C-4 - Types of licenses

Current through 2024-29, July 17, 2024
Licenses for radioactive materials are of two types:
						general and specific
A. General
					 licenses provided in this Part are effective without the filing of applications
					 with the Agency or the issuance of licensing documents to the particular
					 person, although the filing of a certificate with the Agency may be required by
					 the particular general license. The general licensee is subject to all other
					 applicable portions of this rule and any limitations of the general
					 license.
B. Specific licenses
					 require the submission of an application to the Agency and the issuance of a
					 licensing document by the Agency. The licensee is subject to all applicable
					 portions of this rule as well as any limitations specified in the licensing
					 document.
C. The general licenses
					 provided in Part C are subject to the general provisions of Parts A, D and J of
					 this rule unless indicated otherwise in the specific provision of the general
					 license.
D. Each general licensee
					 or registrant that is required to register by this Part shall make all
					 necessary reports as required by C.15.D of this Part.
E. Each general licensee or registrant that
					 is required to file an application to the Agency by this Part shall file the
					 applicable form with the Agency annually and include all addresses for
					 locations of use by the registrant. This includes, but is not limited to the
					 verification, correction, and in addition to the information provided in a
					 request for information from the Agency.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › GENERAL LICENSES › Section 144-220-C-5 - General licenses - source material

Current through 2024-29, July 17, 2024
A.
					 Small quantities of source material
(1) A
					 general license is hereby issued authorizing commercial and industrial firms,
					 research, educational and medical institutions, and State and local government
					 agencies to receive, possess, use and transfer uranium and thorium, in their
					 natural isotopic concentrations and in the form of depleted uranium, for
					 research, development, education, commercial, or operational purposes in the
					 following forms and quantities:
(a) No more
					 than 1.5 kg (3.3 lb) of uranium and thorium, in total, in dispersible forms
					 (e.g., gaseous, liquid, powder, etc.) at any one time. Any material processed
					 by the general licensee that alters the chemical or physical form of the
					 material containing source material must be accounted for as a dispersible
					 form. A person authorized to possess, use, and transfer source material under
					 this paragraph may not receive more than a total of 7 kg (15.4 lb) of uranium
					 and thorium in any one calendar year; and
(b) No more than a total of 7 kg (15.4 lb) of
					 uranium and thorium at any one time. A person authorized to possess, use, and
					 transfer source material under this paragraph may not receive more than a total
					 of 70 kg (154 lb) of uranium and thorium in any one calendar year. A person may
					 not alter the chemical or physical form of the source material possessed under
					 this paragraph unless it is accounted for under the limits of C.5.A(1);
					 or
(c) No more than 7 kg (15.4 lb)
					 of uranium, removed during the treatment of drinking water, at any one time. A
					 person may not remove more than 70 kg (154 lb) of uranium from drinking water
					 during a calendar year under this paragraph; or
(d) No more than 7 kg (15.4 lb) of uranium
					 and thorium at laboratories for the purpose of determining the concentration of
					 uranium and thorium contained within the material being analyzed at any one
					 time. A person authorized to possess, use, and transfer source material under
					 this paragraph may not receive more than a total of 70 kg (154 lb) of source
					 material in any one calendar year.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-7 - Filing application for specific licenses

Current through 2024-29, July 17, 2024
A. Applications for specific license shall be
					 filed on a form prescribed by the Agency.
B. The Agency may at any time after the
					 filing of the original application, and before the expiration of the license,
					 require further statements in order to enable the Agency to determine whether
					 the license should be modified or revoked.
C. Each application shall be signed by the
					 applicant or licensee or a person duly authorized to act for and on their
					 behalf.
D. An application for a
					 license filed pursuant to this rule will be considered also as an application
					 for a license authorizing other activities for which licenses are required,
					 provided that the application specifies the additional activities for which the
					 license is requested and complies with the appropriate regulations.
E. All sections of the application must be
					 completed, clearly and concisely, with the applicable required information and
					 submitted with the applicable fee, if required.
F. Applications and documents submitted to
					 the Agency may be made available for public inspection except that the Agency
					 may withhold any document or part thereof from public inspection if disclosure
					 of its content is not required in the public interest and would adversely
					 affect the interest of a person concerned.
G. Except as provided in paragraphs C.7.H, I,
					 and J, an application for a specific license to use byproduct material in the
					 form of a sealed source or in a device that contains the sealed source must
					 either:
(1) Identify the source or device by
					 manufacturer and model number as registered with the NRC under
					 10 CFR
					 32.210, or with an Agreement State or for a
					 source or a device containing radium-226 or accelerator-produced radioactive
					 material with an Agreement State under provisions comparable to
					 10 CFR
					 32.210; or
(2) Contain the information identified in
					 10 CFR
					 32.210(c).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-9 - Special requirements for the use of sealed sources in industrial radiography

Current through 2024-29, July 17, 2024
In addition to the requirements set forth in C.8, a
						specific license for use of sealed sources in industrial radiography will be
						issued if the applicant meets the requirements set forth in Part E of this
						rule.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-10 - Special requirements for specific licenses of broad scope

Current through 2024-29, July 17, 2024
This section prescribes requirements for the issuance of
						specific licenses of broad scope for radioactive material and certain
						regulations governing holders of such
						licenses.6
A. The different types of broad licenses are
					 set forth below:
(1) A Type A specific license
					 of broad scope is a specific license authorizing receipt, acquisition,
					 ownership, possession, use and transfer of any chemical or physical form of the
					 radioactive material specified in the license, but not exceeding quantities
					 specified in the license, for any authorized purpose. The quantities specified
					 are usually in the multi-curie (multi-Becquerel) range.
(2) A Type B specific license of broad scope
					 is a specific license authorizing receipt, acquisition, ownership, possession,
					 use and transfer of any chemical or physical form of radioactive material
					 specified in Schedule C, for any authorized purpose. The possession limit for a
					 Type B broad license, if only one radionuclide is possessed there under, is the
					 quantity specified for the radionuclide in Schedule C, Column (I) If two or
					 more radionuclides are possessed there under, the possession limit for each is
					 determined as follows: For each radionuclide, determine the ratio of the
					 quantity possessed to the applicable quantity specified in Schedule C, Column
					 I, for that radionuclide. The sum of the ratios for all radionuclides possessed
					 under the license shall not exceed unity.
(3) A Type C specific license of broad scope
					 is a specific license authorizing receipt, acquisition, ownership, possession,
					 use and transfer of any chemical or physical form of radioactive material
					 specified in Schedule C, for any authorized purpose. The possession limit for a
					 Type C broad license, if only one radionuclide is possessed there under, is the
					 quantity specified for that radionuclide in Schedule C, Column I(I). If two or
					 more radionuclides are possessed there under, the possession limit is
					 determined for each as follows: For each radionuclide determine the ratio of
					 the quantity possessed to the applicable quantity specified in Schedule C,
					 Column II, for that radionuclide. The sum of the ratios for all radionuclides
					 possessed under the license shall not exceed unity.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-12 - Special requirements for issuance of specific licenses to initially transfer source material for use under the C.5.A. 'small quantities of source material' general license

Current through 2024-29, July 17, 2024
A. An application
					 for a specific license to initially transfer source material for use under
					 C.5.A, or equivalent regulations of an Agreement State, will be approved if:
(1) The applicant satisfies the general
					 requirements specified in C.7 and C.8; and
(2) The applicant submits adequate
					 information on, and the Agency approves the methods to be used for quality
					 control, labeling, and providing safety instructions to recipients.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-13 - Issuance of specific licenses

Current through 2024-29, July 17, 2024
A. Each license
					 issued pursuant to this rule in this Part shall be subject to all provisions of
					 the Act, now or hereafter in effect, and to all valid rules, regulations and
					 orders of the Agency.
B. No license
					 issued or granted under this Part and no right to possess or utilize
					 radioactive material granted by any license issued pursuant to this Part shall
					 be transferred, assigned, or in any manner disposed of, either voluntarily or
					 involuntarily, directly or indirectly, through transfer of control of any
					 license to any person unless the Agency shall, after securing full information
					 find that the transfer is in accordance with the provisions of the Act, now or
					 hereafter in effect and to all valid rules, regulations and orders of the
					 Agency and shall give its consent in writing.
C. Each person licensed by the Agency
					 pursuant to the regulations in this Part shall confine his/her possession and
					 use of the radioactive material to the locations and purposes authorized in the
					 license. Except as otherwise provided in the license, a license issued pursuant
					 to the regulations in this Part shall carry with it the right to receive,
					 possess, and use radioactive material. Preparation for shipment and transport
					 of radioactive material shall be in accordance with Part L of this
					 rule.
D. The Agency may incorporate
					 in any license at the time of issuance, or thereafter by appropriate rule,
					 regulation, or order, such additional requirements and conditions with respect
					 to the licensee's receipt, possession, use and transfer of radioactive material
					 subject to this Part as it deems appropriate or necessary in order to:
(1) Minimize danger to public health and
					 safety or property;
(2) Require
					 such reports and the keeping of such records, and to provide for such
					 inspections of activities under the license as may be appropriate or necessary;
(3) Prevent loss or theft of
					 material subject to this Part; and
(4) Protect restricted data.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-14 - Terms and conditions of a specific license

Current through 2024-29, July 17, 2024
A. Each license issued pursuant to this Part
					 shall be subject to all provisions of the Act, now or hereafter in effect, and
					 to all rules, regulations, and orders of the Agency.
B. No license issued or granted pursuant to
					 this rule nor any right to possess or utilize radioactive material granted by
					 any license issued pursuant to this rule shall be transferred, assigned, or in
					 any manner disposed of, either voluntarily or involuntarily, directly or
					 indirectly, through transfer of control of any license to any person unless the
					 Agency shall, after securing full information find that the transfer is in
					 accordance with the provisions of the Act, now or hereafter in effect and to
					 all valid rules, regulations and orders of the Agency and shall give its
					 consent in writing.
(1) An application for
					 transfer of license must include:
(a) The
					 identity, technical and financial qualifications of the proposed transferee;
					 and
(b) Financial assurance for
					 decommissioning information required by C.8.F.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-15 - Expiration and termination of a specific license

Current through 2024-29, July 17, 2024
A. Except as provided in C.16.B and paragraph
					 D of this section, each specific license expires at the end of the day, in the
					 month and year stated in the license.
B. Each licensee shall notify the Agency
					 immediately, in writing, and request termination of the license when the
					 licensee decides to terminate all activities involving materials authorized
					 under the license. The notification and request for termination of the license
					 must include the reports and information specified in paragraphs E.(1) d and e
					 of this section. The licensee is subject to the provisions of paragraphs E and
					 F of this section, as applicable.
C. Each licensee shall notify the Agency
					 immediately, in writing, and request termination of the license when no
					 principal activities under the license have been conducted for a period of 24
					 months, or no principal activities have been conducted for a period of 24
					 months in any separate building or outdoor area that contains residual
					 radioactivity such that the building or outdoor area is unsuitable for release
					 in accordance with Agency requirements.
D. No fewer than 30 days before the
					 expiration date specified in a specific license the licensee shall either:
(1) Submit an application for license renewal
					 under C.16; or
(2) Notify the
					 Agency in writing if the licensee decides not to renew the license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-16 - Renewal of a specific license

Current through 2024-29, July 17, 2024
A. Applications
					 for renewal of specific licenses shall be filed in accordance with
					 C.7.
B. In any case in which a
					 licensee, not fewer than 30 days prior to expiration of his/her existing
					 license, has filed an application in proper form for renewal or for a new
					 license authorizing the same activities, such existing license shall not expire
					 until the application has been finally determined by the Agency.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-17 - Amendment of a specific license at request of licensee

Current through 2024-29, July 17, 2024
Applications for amendment of a license shall be filed in
						accordance with C.7. and shall specify the respects in which the licensee
						desires his/her license to be amended and the grounds for such
						amendment.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-18 - Agency action on application to renew and amend a specific license

Current through 2024-29, July 17, 2024
In considering an application by a licensee to renew or
						amend his/her license, the Agency will apply the criteria set forth in C.8, and
						C.9., C.10 or C.11 and Part E, Part G, Part K, and Part N of this rule as
						applicable.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-19 - Persons possessing a license for source, radioactive or special nuclear material in quantities not sufficient to form a critical mass on effective date of this rule

Current through 2024-29, July 17, 2024
Any person who, on the effective date of this rule,
						possesses a general or specific license for source, radioactive, or special
						nuclear material in quantities not sufficient to form a critical mass, issued
						by the U.S. Nuclear Regulatory Commission, shall be deemed to possess a like
						license issued under this Part and the Act, such license to expire either 90
						days after receipt from the Agency of a notice of expiration of such license,
						or on the date of expiration specified in the U.S. Nuclear Regulatory
						Commission license, whichever is earlier.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-20 - Persons possessing naturally occurring and accelerator-produced radioactive material on effective date of this rule

Current through 2024-29, July 17, 2024
Any person who, on the effective date of this rule,
						possesses NARM for which a specific license is required by the Act or this Part
						shall be deemed to possess such a license issued under the Act and this Part.
						Such license shall expire 90 days after the effective date of this rule;
						provided, however, that if within the 90 days the person possessing such
						material files an application in proper form for a license, such existing
						license shall not expire until the application has been finally determined by
						the Agency. NARM radionuclides are shown in Appendix B to Part
						C.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-21 - Transfer of material

Current through 2024-29, July 17, 2024
A. No licensee
					 shall transfer radioactive material except as authorized pursuant to this
					 section.
B. Except as otherwise
					 provided in the license and subject to the provisions of C.21.C and D, any
					 licensee may transfer radioactive material:
(1) To the Agency with prior approval of the
					 Agency;
(2) To the U.S. Department
					 of Energy;
(3) To any person exempt
					 from this rule to the extent permitted under such exemption;
(4) To any person authorized to receive such
					 material under terms of a general license or its equivalent, or a specific
					 license or equivalent licensing document, issued by the Agency, the Nuclear
					 Regulatory Commission or any Agreement State, or to any person otherwise
					 authorized to receive such material by the federal government or any Agency
					 thereof, the Agency or any Agreement State; or
(5) As otherwise authorized by the Agency in
					 writing.