reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 34 - Plumbing and Mechanical Systems Board-complaints and Investigations › Rule 641-34.5 - Issuance of Investigatory Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board
			 executive officer or designee may, upon the written request of a board
			 investigator or on the executive officer's own initiative, subpoena books,
			 papers, records, and other real evidence that are necessary for the board to
			 decide whether to initiate a contested case proceeding. In the case of a
			 subpoena for mental health records, each of the following conditions shall be
			 satisfied prior to the issuance of the subpoena:
a. The nature of the complaint reasonably
			 justifies the issuance of a subpoena;
b. Adequate safeguards have been established
			 to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
			 public policy, or other recognizable public interest favors access;
			 and
d. An attempt was made to
			 notify the patient and to secure an authorization from the patient for release
			 of the records at issue.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 34 - Plumbing and Mechanical Systems Board-complaints and Investigations › Rule 641-34.6 - Peer Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A complaint may
			 be assigned to a peer reviewer for review and report to the board.
(2) The board determines what complaints or
			 other matters are referred to a peer reviewer.
(3) Peer reviewers are not liable for acts,
			 omissions, or decisions made in connection with service made in good
			 faith.
(4) The peer reviewer shall
			 maintain confidentiality pursuant to Iowa Code section
			 272C.6.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 34 - Plumbing and Mechanical Systems Board-complaints and Investigations › Rule 641-34.7 - Appearance

Current through Register Vol. 47, No. 3, July 24, 2024
The board may request that a licensee appear before a committee
				of the board to discuss a pending investigation. By electing to participate in
				the committee appearance, the licensee waives any objection to a board member
				both participating in the appearance and later participating as a decision
				maker in a contested case proceeding. By electing to participate in the
				committee appearance, the licensee further waives any objection to the board
				executive officer assisting the board in the contested case
				proceeding.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 35 - Plumbing and Mechanical Systems Board-alternative Licensure Pathways › Rule 641-35.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions
				apply:
"Board"
means the same as defined in Iowa Code
				section 105.2(2).
"Full time"
means a minimum of 1,700 hours of
				work in a one-year period.
"Issuing jurisdiction"
means the same as
				defined in Iowa Code section
				272C.12(5).
"Transferring jurisdiction"
means the specific
				issuing jurisdiction on which an applicant relies to seek licensure in Iowa by
				verification under this chapter.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 35 - Plumbing and Mechanical Systems Board-alternative Licensure Pathways › Rule 641-35.3 - Licensure by Reciprocity

Current through Register Vol. 47, No. 3, July 24, 2024
A nonresident of Iowa seeking a reciprocal license under Iowa
				Code chapter 105 applies on forms provided by the board.
(1)
Reciprocity criteria.
The board may issue a reciprocal license if the following criteria are met:
a. The applicant is a nonresident of
			 Iowa;
b. The applicant possesses a
			 valid plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic
			 license from an issuing jurisdiction with which the board has entered into a
			 reciprocity agreement;
c. The
			 applicant has paid the appropriate fee or fees set forth in 641-Chapter
			 28;
d. The applicant meets the
			 minimum qualifications for licensure set forth in rule
			 641-29.4 (105); and
e. The applicant agrees to comply with all
			 provisions of Iowa law and applicable administrative rules.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 35 - Plumbing and Mechanical Systems Board-alternative Licensure Pathways › Rule 641-35.4 - Licensure by Verification

Current through Register Vol. 47, No. 3, July 24, 2024
Licensure by verification is available under the following
				circumstances.
(1)
Eligibility.
A person may seek licensure by verification if
			 the criteria in Iowa Code section
			 272C.12(1)  are
			 satisfied.
(2)
Board
			 application.
The applicant submits all of the following:
a. A completed application for licensure by
			 verification.
b. Payment of the
			 appropriate fee or fees set forth in 641-Chapter 28.
c. A verification form completed by the
			 transferring jurisdiction and sent directly from the transferring jurisdiction
			 to the board, verifying that the applicant's license, certificate, or
			 registration in that jurisdiction complies with the conditions set forth in
			 Iowa Code section 272C.12.
d. Proof of residency in the state of Iowa or
			 proof of military member's official permanent change of station. Proof of
			 residency may include:
(1) A residential
			 mortgage, lease, or rental agreement;
(2) A utility bill;
(3) A bank statement;
(4) A paycheck or pay stub;
(5) A property tax statement;
(6) A document issued by the federal or state
			 government; or
(7) Any other
			 board-approved document that reliably confirms Iowa residency.
e. Proof of passing the applicable
			 Iowa licensing examination.
f.
			 Documentation of the applicant's complete criminal record in accordance with
			 641-paragraph 29.5(4)
"c,"
including the applicant's personal
			 statement regarding whether each offense directly relates to the practice of
			 the profession.
g. Copies of any
			 relevant disciplinary documents, if another issuing jurisdiction has taken
			 disciplinary action against the applicant.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 35 - Plumbing and Mechanical Systems Board-alternative Licensure Pathways › Rule 641-35.5 - Licensure by Work Experience in Jurisdictions Without Licensure Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Work
			 experience.
a. An applicant for
			 initial licensure who has relocated to Iowa from another jurisdiction that did
			 not require a license to practice the profession may be eligible for an Iowa
			 license if the applicant meets the conditions set forth in Iowa Code section
			 272C.13 and all other licensing
			 criteria, including passing any necessary examinations. For each application
			 submitted under this rule, the board will determine whether the applicant's
			 prior work experience was substantially similar to the applicable
			 apprenticeship training that is required for individuals licensed under
			 641-Chapter 29.
b. If the board
			 determines an applicant's prior work experience was not substantially similar
			 to the scope of practice in Iowa, the applicant may submit a subsequent
			 application for licensure by work experience if all of the following criteria
			 are satisfied:
(1) The applicant enrolls in
			 an apprenticeship program approved by the United States Department of
			 Labor;
(2) The applicant obtains a
			 board-issued apprentice license; and
(3) The applicant successfully completes one
			 year in the apprenticeship program.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This
			 chapter has been established to provide the requirements for the physical
			 protection program for any licensee that possesses an aggregated category 1 or
			 category 2 quantity of radioactive material listed in Appendix A to this
			 chapter. These requirements provide reasonable assurance of the security of
			 category 1 or category 2 quantities of radioactive material by protecting these
			 materials from theft or diversion. Specific requirements for access to
			 material, use of material, transfer of material, and transport of material are
			 included. No provision of this chapter authorizes possession of licensed
			 material.
(2) The divisions in this
			 chapter entitled "Background Investigations and Access Control Program" and
			 "Physical Protection Requirements During Use," including rules
			 641-37.21 (136C) to
			 641-37.57 (136C), apply to any
			 person who, under the regulations in this chapter, possesses or uses at any
			 site an aggregated category 1 or category 2 quantity of radioactive
			 material.
(3) The division in this
			 chapter entitled "Physical Protection in Transit," including rules
			 641-37.71 (136C) to
			 641-37.81 (136C), applies to any
			 person who, under the rules of this chapter:
a. Transports or delivers to a carrier for
			 transport in a single shipment a category 1 or category 2 quantity of
			 radioactive material; or
b. Imports
			 or exports a category 1 or category 2 quantity of radioactive material; the
			 provisions only apply to the domestic portion of the
			 transport.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.7 - Communications

Current through Register Vol. 47, No. 3, July 24, 2024
All communications and reports concerning the rules in this
				chapter should be addressed to the agency at its office located at the Iowa
				Department of Public Health, Bureau of Radiological Health, Lucas State Office
				Building, 5th Floor, 321 East 12th Street, Des Moines, Iowa
				50319.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.11 - Specific Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 agency may, upon application of any interested person or upon its own
			 initiative, grant such exemptions from the requirements of the rules in this
			 chapter as it determines are authorized by law and will not result in undue
			 hazard to public health and safety or property and are otherwise in the public
			 interest. Application for exemption should be made in accordance with
			 641-Chapter 178.
(2) A licensee
			 that possesses radioactive waste that contains category 1 or category 2
			 quantities of radioactive material is exempt from the requirements of this
			 chapter. Except that any radioactive waste that contains discrete sources,
			 ion-exchange resins, or activated material that weighs less than 2,000 kg
			 (4,409 lbs) is not exempt from the requirements of this chapter. The licensee
			 shall implement the following requirements to secure the radioactive waste:
a. Use continuous physical barriers that
			 allow access to the radioactive waste only through established access control
			 points;
b. Use a locked door or
			 gate with monitored alarm at the access control point;
c. Assess and respond to each actual or
			 attempted unauthorized access to determine whether an actual or attempted
			 theft, sabotage, or diversion occurred; and
d. Immediately notify the LLEA and request an
			 armed response from the LLEA upon determination that there was an actual or
			 attempted theft, sabotage, or diversion of the radioactive waste that contains
			 category 1 or category 2 quantities of radioactive material.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.21 - Personnel Access Authorization Requirements for Category 1 or Category 2 Quantities of Radioactive Material

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each licensee that possesses an
			 aggregated quantity of radioactive material at or above the category 2
			 threshold shall establish, implement, and maintain its access authorization
			 program in accordance with the requirements of this chapter.
(2) An applicant for a new license and each
			 licensee that would become newly subject to the requirements of this chapter
			 upon application for amendment of its license, and a licensee aggregating
			 radioactive material to a quantity that equals or exceeds the category 2
			 threshold, shall implement the requirements of this chapter and be inspected by
			 the agency, as appropriate, before a new license or license amendment will be
			 issued.
(3) The licensee's access
			 authorization program must ensure that the individuals specified in 37.21(4)
			 are trustworthy and reliable.
(4)
			 Applicability.
a. Licensees shall subject the
			 following individuals to an access authorization program:
(1) Any individual whose assigned duties
			 require unescorted access to category 1 or category 2 quantities of radioactive
			 material or to any device that contains the radioactive material; and
(2) Reviewing officials.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.23 - Access Authorization Program Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Granting unescorted access
			 authorization.
a. Licensees shall
			 implement the requirements of these rules for granting initial or reinstated
			 unescorted access authorization.
b.
			 Individuals who have been determined to be trustworthy and reliable shall also
			 complete the security training required by 37.43(3) before being allowed
			 unescorted access to category 1 or category 2 quantities of radioactive
			 material.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.27 - Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access to Category 1 or Category 2 Quantities of Radioactive Material

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General
			 performance objective and requirements.
a. Except for those individuals listed in
			 rule 641-37.29 (136C) and those
			 individuals grandfathered under 37.25(2), each licensee subject to the
			 provisions of these rules shall fingerprint each individual who is to be
			 permitted unescorted access to category 1 or category 2 quantities of
			 radioactive material. Licensees shall transmit all collected fingerprints to
			 the Nuclear Regulatory Commission for transmission to the FBI. The licensee
			 shall use the information received from the FBI as part of the required
			 background investigation to determine whether to grant or deny further
			 unescorted access to category 1 or category 2 quantities of radioactive
			 materials for that individual.
b.
			 The licensee shall notify each affected individual that the individual's
			 fingerprints will be used to secure a review of the individual's criminal
			 history record, and shall inform the individual of the procedures for revising
			 the record or adding explanations to the record.
c. Fingerprinting is not required if a
			 licensee is reinstating an individual's unescorted access authorization to
			 category 1 or category 2 quantities of radioactive materials if:
(1) The individual returns to the same
			 facility that granted unescorted access authorization within 365 days of the
			 termination of the individual's unescorted access authorization; and
(2) The previous access was terminated under
			 favorable conditions.
d.
			 Fingerprints do not need to be taken if an individual who is an employee of a
			 licensee, contractor, manufacturer, or supplier has been granted unescorted
			 access to category 1 or category 2 quantities of radioactive material, access
			 to safeguards information, or safeguards information-modified handling by
			 another licensee, based upon a background investigation conducted under these
			 rules, the fingerprint orders, or 10 CFR Part 73. An existing criminal history
			 records check file may be transferred to the licensee asked to grant unescorted
			 access in accordance with the provisions of 37.31(3).
e. Licensees shall use the information
			 obtained as part of a criminal history records check solely for the purpose of
			 determining an individual's suitability for unescorted access authorization to
			 category 1 or category 2 quantities of radioactive materials, access to
			 safeguards information, or safeguards information-modified handling.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.31 - Protection of Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each
			 licensee who obtains background information on an individual under these rules
			 shall establish and maintain a system of files and written procedures for
			 protection of the record and the personal information from unauthorized
			 disclosure.
(2) The licensee may
			 not disclose the record or personal information collected and maintained to
			 persons other than the subject individual, the individual's representative, or
			 to those who have a need to have access to the information in performing
			 assigned duties in the process of granting or denying unescorted access to
			 category 1 or category 2 quantities of radioactive material, safeguards
			 information, or safeguards information-modified handling. No individual
			 authorized to have access to the information may disseminate the information to
			 any other individual who does not have a need to know.
(3) The personal information obtained on an
			 individual from a background investigation may be provided to another licensee:
a. Upon the individual's written request to
			 the licensee holding the data to disseminate the information contained in the
			 individual's file; and
b. If the
			 recipient licensee verifies information such as name, date of birth, social
			 security number, gender, and other applicable physical
			 characteristics.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.33 - Access Authorization Program Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each licensee shall be responsible for
			 the continuing effectiveness of the access authorization program. Each licensee
			 shall ensure that access authorization programs are reviewed to confirm
			 compliance with the requirements of these rules and that comprehensive actions
			 are taken to correct any noncompliance that is identified. The review program
			 shall evaluate all program performance objectives and requirements. Each
			 licensee shall, at 12-month intervals, review the access program content and
			 implementation.
(2) The results of
			 the reviews, along with any recommendations, must be documented. Each review
			 report must identify conditions that are adverse to the proper performance of
			 the access authorization program, the cause of the condition(s), and, when
			 appropriate, recommend corrective actions, and corrective actions taken. The
			 licensee shall review the findings and take any additional corrective actions
			 necessary to preclude repetition of the condition, including reassessment of
			 the deficient areas where indicated.
(3) Review records must be maintained for
			 three years.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.41 - Security Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
a. Each
			 licensee that possesses an aggregated category 1 or category 2 quantity of
			 radioactive material shall establish, implement, and maintain a security
			 program in accordance with the requirements of rules 641-37.41 (136C) to
			 641-37.57 (136C).
b. An applicant for a new license and a
			 licensee that would become newly subject to the requirements of this chapter
			 upon application for amendment of its license shall implement the requirements
			 of this chapter and be inspected by the agency, as appropriate, before a new
			 license or license amendment will be issued.
c. Any licensee that has not previously
			 implemented the security orders or been subject to the provisions of these
			 rules shall provide written notification to the agency as specified in rule
			 641-37.7 (136C) at least 90 days
			 before aggregating radioactive material to a quantity that equals or exceeds
			 the category 2 threshold.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.43 - General Security Program Requirements.

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Security plan.
a. Each licensee identified in
			 37.41(1)
"a"
shall develop a written security plan specific to
			 its facilities and operations. The purpose of the security plan is to establish
			 the licensee's overall security strategy to ensure the integrated and effective
			 functioning of the security program required by these rules. The security plan
			 must, at a minimum:
(1) Describe the measures
			 and strategies used to implement the requirements of these rules; and
(2) Identify the security resources,
			 equipment, and technology used to satisfy the requirements of these
			 rules.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.45 - Llea Coordination

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 licensee subject to these rules shall coordinate, to the extent practicable,
			 with an LLEA for responding to threats to the licensee's facility, including
			 any necessary armed response. The information provided to the LLEA must
			 include:
a. A description of the facilities
			 and the category 1 and category 2 quantities of radioactive materials along
			 with a description of the licensee's security measures that have been
			 implemented to comply with these rules; and
b. A notification that the licensee will
			 request a timely armed response by the LLEA to any actual or attempted theft,
			 sabotage, or diversion of category 1 or category 2 quantities of
			 material.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.47 - Security Zones

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Licensees
			 shall ensure that all aggregated category 1 and category 2 quantities of
			 radioactive material are used or stored within licensee established security
			 zones. Security zones may be permanent or temporary.
(2) Temporary security zones must be
			 established as necessary to meet the licensee's transitory or intermittent
			 business activities, such as periods of maintenance, source delivery, and
			 source replacement.
(3) Security
			 zones must, at a minimum, allow unescorted access only to approved individuals
			 through:
a. Isolation of category 1 and
			 category 2 quantities of radioactive materials by the use of continuous
			 physical barriers that allow access to the security zone only through
			 established access control points. A physical barrier is a natural or man-made
			 structure or formation sufficient for the isolation of the category 1 or
			 category 2 quantities of radioactive material within a security zone;
			 or
b. Direct control of the
			 security zone by approved individuals at all times; or
c. A combination of continuous physical
			 barriers and direct control.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.49 - Monitoring, Detection, and Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Monitoring and detection.
a. Licensees shall establish and maintain the
			 capability to continuously monitor and detect without delay all unauthorized
			 entries into their security zones. Licensees shall provide the means to
			 maintain continuous monitoring and detection capability in the event of a loss
			 of the primary power source, or provide for an alarm and response in the event
			 of a loss of this capability to continuously monitor and detect unauthorized
			 entries.
b. Monitoring and
			 detection must be performed by:
(1) A
			 monitored intrusion detection system that is linked to an onsite or off site
			 central monitoring facility; or
(2)
			 Electronic devices for intrusion detection alarms that will alert nearby
			 facility personnel; or
(3) A
			 monitored video surveillance system; or
(4) Direct visual surveillance by approved
			 individuals located within the security zone; or
(5) Direct visual surveillance by a
			 licensee-designated individual located outside the security zone.
c. A licensee subject to these
			 rules shall also have a means to detect unauthorized removal of the radioactive
			 material from the security zone. This detection capability must provide:
(1) For category 1 quantities of radioactive
			 material, immediate detection of any attempted unauthorized removal of the
			 radioactive material from the security zone. Such immediate detection
			 capability must be provided by:
1. Electronic
			 sensors linked to an alarm; or
2.
			 Continuous monitored video surveillance; or
3. Direct visual surveillance.
(2) For category 2 quantities of
			 radioactive material, weekly verification through physical checks, tamper
			 indicating devices, use, or other means to ensure that the radioactive material
			 is present.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.51 - Maintenance and Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each
			 licensee subject to these rules shall implement a maintenance and testing
			 program to ensure that intrusion alarms, associated communication systems, and
			 other physical components of the systems used to secure or detect unauthorized
			 access to radioactive material are maintained in operable condition and are
			 capable of performing their intended function when needed. The equipment relied
			 on to meet the security requirements of this chapter must be inspected and
			 tested for operability and performance at the manufacturer's suggested
			 frequency. If there is no suggested manufacturer's suggested frequency, the
			 testing must be performed at least annually, not to exceed 12 months.
(2) The licensee shall maintain records on
			 the maintenance and testing activities for three years.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.53 - Requirements for Mobile Devices

Current through Register Vol. 47, No. 3, July 24, 2024
Each licensee that possesses mobile devices containing category
				1 or category 2 quantities of radioactive material must:
(1) Have two independent physical controls
			 that form tangible barriers to secure the material from unauthorized removal
			 when the device is not under direct control and constant surveillance by the
			 licensee; and
(2) For devices in or
			 on a vehicle or trailer, unless the health and safety requirements for a site
			 prohibit the disabling of the vehicle, utilize a method to disable the vehicle
			 or trailer when not under direct control and constant surveillance by the
			 licensee. Licensees shall not rely on the removal of an ignition key to meet
			 this requirement.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.55 - Security Program Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Each licensee shall be responsible for the continuing effectiveness of the
			 security program. Each licensee shall ensure that the security program is
			 reviewed to confirm compliance with the requirements of these rules and that
			 comprehensive actions are taken to correct any noncompliance that is
			 identified. The review must include the radioactive material security program
			 content and implementation. Each licensee shall periodically (at least
			 annually) review the security program content and implementation.
(2) The results of the review, along with any
			 recommendations, must be documented. Each review report must identify
			 conditions that are adverse to the proper performance of the security program,
			 the cause of the condition(s), and, when appropriate, recommend corrective
			 actions, and corrective actions taken. The licensee shall review the findings
			 and take any additional corrective actions necessary to preclude repetition of
			 the condition, including reassessment of the deficient areas where
			 indicated.
(3) The licensee shall
			 maintain the review documentation for three years.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.57 - Reporting of Events

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 licensee shall immediately notify the LLEA after determining that an
			 unauthorized entry resulted in an actual or attempted theft, sabotage, or
			 diversion of a category 1 or category 2 quantity of radioactive material. As
			 soon as possible after initiating a response, but not at the expense of causing
			 delay or interfering with the LLEA response to the event, the licensee shall
			 notify the agency at (515)281-3478 (normal hours) or (515)323-4360 (after hours
			 and holidays). In no case shall the notification to the agency be later than
			 four hours after the discovery of any attempted or actual theft, sabotage, or
			 diversion.
(2) The licensee shall
			 assess any suspicious activity related to possible theft, sabotage, or
			 diversion of category 1 or category 2 quantities of radioactive material and
			 notify the LLEA as appropriate. As soon as possible but not later than four
			 hours after notifying the LLEA, the licensee shall notify the agency at
			 (515)281-3478 (normal hours) or (515)323-4360 (after hours and
			 holidays).
(3) The initial
			 telephonic notification required by 37.57(1) must be followed within a period
			 of 30 days by a written report submitted to the agency. The report must include
			 sufficient information for agency analysis and evaluation, including
			 identification of any necessary corrective actions to prevent future
			 instances.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.71 - Additional Requirements for Transfer of Category 1 and Category 2 Quantities of Radioactive Material

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee transferring a category 1 or category 2 quantity of
				radioactive material to a licensee of the agency, the Nuclear Regulatory
				Commission or an agreement state shall meet the license verification provisions
				listed in this rule instead of those listed in 641-subrule 39.4(41):
(1) Any licensee transferring category 1
			 quantities of radioactive material to a licensee of the agency, the Nuclear
			 Regulatory Commission or an agreement state, prior to conducting such transfer,
			 shall verify with the agency, the NRC's license verification system or the
			 license-issuing authority that the transferee's license authorizes the receipt
			 of the type, form, and quantity of radioactive material to be transferred and
			 that the licensee is authorized to receive radioactive material at the location
			 requested for delivery. If the verification is conducted by contacting the
			 license-issuing authority, the transferor shall document the verification. For
			 transfers within the same organization, the licensee does not need to verify
			 the transfer.
(2) Any licensee
			 transferring category 2 quantities of radioactive material to a licensee of the
			 agency, the Nuclear Regulatory Commission or an agreement state, prior to
			 conducting such transfer, shall verify with the agency, the NRC's license
			 verification system or the license-issuing authority that the transferee's
			 license authorizes the receipt of the type, form, and quantity of radioactive
			 material to be transferred. If the verification is conducted by contacting the
			 license-issuing authority, the transferor shall document the verification. For
			 transfers within the same organization, the licensee does not need to verify
			 the transfer.
(3) In an emergency
			 where the licensee cannot reach the agency, or the license-issuing authority
			 and the license verification system are nonfunctional, the licensee may accept
			 a written certification by the transferee that it is authorized by license to
			 receive the type, form, and quantity of radioactive material to be transferred.
			 The certification must include the license number, current revision number,
			 issuing agency, expiration date and, for a category 1 shipment, the authorized
			 address. The licensee shall keep a copy of the certification. The certification
			 must be confirmed by contacting the agency or by use of the NRC's license
			 verification system or by contacting the license-issuing authority by the end
			 of the next business day.
(4) The
			 transferor shall keep a copy of the verification documentation as a record for
			 three years.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.73 - Applicability of Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Transit

Current through Register Vol. 47, No. 3, July 24, 2024
The shipping licensee shall be responsible for meeting the
				requirements of this chapter unless the receiving licensee has agreed in
				writing to arrange for the in-transit physical protection required under this
				chapter.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.75 - Preplanning and Coordination of Shipment of Category 1 or Category 2 Quantities of Radioactive Material

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each licensee that plans to transport, or
			 deliver to a carrier for transport, licensed material that is a category 1
			 quantity of radioactive material outside the confines of the licensee's
			 facility or other place of use or storage shall:
a. Preplan and coordinate shipment arrival
			 and departure times with the receiving licensee;
b. Preplan and coordinate shipment
			 information with the governor or the governor's designee of any state through
			 which the shipment will pass to:
(1) Discuss
			 the state's intention to provide law enforcement escorts; and
(2) Identify safe havens; and
c. Document the preplanning and
			 coordination activities.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.77 - Advance Notification of Shipment of Category 1 Quantities of Radioactive Material

Current through Register Vol. 47, No. 3, July 24, 2024
(1) As
			 specified in 37.77(1)
"a"
and
"b,"
each
			 licensee shall provide advance notification to the NRC and the governor of a
			 state, or the governor's designee, of the shipment of licensed material in a
			 category 1 quantity, through or across the boundary of the state, before the
			 transport, or delivery to a carrier for transport, of the licensed material
			 outside the confines of the licensee's facility or other place of use or
			 storage.
a.
Procedures for submitting
			 advance notification.
(1) The
			 notification must be made to the NRC and to the office of each appropriate
			 governor or governor's designee. The contact information, including telephone
			 and mailing addresses, of governors and governors' designees, is available on
			 the NRC's website at scp.nrc.gov/special/designee.pdf. A list of the contact
			 information is also available upon request from the Director, Division of
			 Materials Safety, Security, State, and Tribal Programs, Office of Nuclear
			 Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
			 DC 20555-0001. Notifications to the NRC must be to the NRC's Director, Office
			 of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission,
			 Washington, DC 20555-0001. The notification to the NRC may be made by email to
			 RAMQC SHIPMENTS@nrc.govor by fax to (301)816-5151.
(2) A notification delivered by mail must be
			 postmarked at least seven days before transport of the shipment commences at
			 the shipping facility.
(3) A
			 notification delivered by any means other than mail must reach the NRC at least
			 four days before the transport of the shipment commences and must reach the
			 office of the governor or the governor's designee at least four days before
			 transport of a shipment within or through the state.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.79 - Requirements for Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Shipment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Shipments by road.
a. Each licensee who transports, or delivers
			 to a carrier for transport, in a single shipment, a category 1 quantity of
			 radioactive material shall:
(1) Ensure that
			 movement control centers are established that maintain position information
			 from a remote location. These control centers must monitor shipments 24 hours a
			 day, seven days a week, and have the ability to communicate immediately, in an
			 emergency, with the appropriate law enforcement agencies.
(2) Ensure that redundant communications are
			 established that allow the transport to contact the escort vehicle (when used)
			 and movement control center at all times. Redundant communications may not be
			 subject to the same interference factors as the primary
			 communication.
(3) Ensure that
			 shipments are continuously and actively monitored by a telemetric position
			 monitoring system or an alternative tracking system reporting to a movement
			 control center. A movement control center must provide positive confirmation of
			 the location, status, and control over the shipment. The movement control
			 center must be prepared to promptly implement preplanned procedures in response
			 to deviations from the authorized route or a notification of actual, attempted,
			 or suspicious activities related to the theft, loss, or diversion of a
			 shipment. These procedures will include, but not be limited to, the
			 identification of and contact information for the appropriate LLEA along the
			 shipment route.
(4) Provide an
			 individual to accompany the driver for those highway shipments with a driving
			 time period greater than the maximum number of allowable hours of service in a
			 24-hour-duty day as established by the Department of Transportation Federal
			 Motor Carrier Safety Administration. The accompanying individual may be another
			 driver.
(5) Develop written normal
			 and contingency procedures to address:
1.
			 Notifications to the communication center and law enforcement
			 agencies;
2. Communication
			 protocols. Communication protocols must include a strategy for the use of
			 authentication codes and duress codes and provisions for refueling or other
			 stops, detours, and locations where communication is expected to be temporarily
			 lost;
3. Loss of communications;
			 and
4. Responses to an actual or
			 attempted theft or diversion of a shipment.
(6) Each licensee who makes arrangements for
			 the shipment of category 1 quantities of radioactive material shall ensure that
			 drivers, accompanying personnel, and movement control center personnel have
			 access to the normal and contingency procedures.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.101 - Form of Records

Current through Register Vol. 47, No. 3, July 24, 2024
Each record required by this chapter must be legible throughout
				the retention period specified by each agency rule. The record may be the
				original or a reproduced copy or a microform, provided that the copy or
				microform is authenticated by authorized personnel and that the microform is
				capable of producing a clear copy throughout the required retention period. The
				record may also be stored in electronic media with the capability for producing
				legible, accurate, and complete records during the required retention period.
				Records, such as letters, drawings, and specifications, must include all
				pertinent information such as stamps, initials, and signatures. The licensee
				shall maintain adequate safeguards against tampering with and loss of
				records.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.103 - Record Retention

Current through Register Vol. 47, No. 3, July 24, 2024
Licensees shall maintain the records that are required by this
				chapter for the period specified by the appropriate rule. If a retention period
				is not otherwise specified, these records must be retained until the agency
				terminates the facility's license. All records related to this chapter may be
				destroyed upon agency termination of the facility license.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 37 - Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material › Rule 641-37.105 - Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each licensee
			 shall afford to the agency at all reasonable times opportunity to inspect
			 category 1 or category 2 quantities of radioactive material and the premises
			 and facilities wherein the nuclear material is used, produced, or
			 stored.
(2) Each licensee shall
			 make available to the agency for inspection, upon reasonable notice, records
			 kept by the licensee pertaining to its receipt, possession, use, acquisition,
			 import, export, or transfer of category 1 or category 2 quantities of
			 radioactive material.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 38 - General Provisions for Radiation Machines and Radioactive Materials › Rule 641-38.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
			 otherwise specifically provided, these rules apply to all persons who receive,
			 possess, use, transfer, own, or acquire any source of radiation; provided,
			 however, that nothing in these rules shall apply to any person to the extent
			 such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
			 Attention is directed to the fact that regulation by the state of source
			 material, byproduct 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.
(2) All references to any Code of Federal
			 Regulations (CFR) in this chapter are those in effect as of July 22,
			 2020.
(3) The provisions of Chapter
			 38 are in addition to, and not in substitution for, any other applicable
			 portions of 641-Chapter 37 and Chapters 39 to 45.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 38 - General Provisions for Radiation Machines and Radioactive Materials › Rule 641-38.3 - Exemptions From the Regulatory Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General provision.
The
			 agency may, upon application therefor or upon its own initiative, grant such
			 exemptions or exceptions from the requirements of the rules in 641-Chapters 38
			 to 46 as it determines are authorized by law and will not result in undue
			 hazard to public health and safety or property. Application for exemptions or
			 exceptions should be made in accordance with 641-Chapter 178.
(2)
Persons using by-product material
			 under certain Department of Energy and Nuclear Regulatory Commission
			 contracts.
a. Except to the extent
			 that NRC facilities or activities of the types subject to licensing pursuant to
			 the Energy Reorganization Act of 1974 are involved, any prime contractor of the
			 NRC is exempt from the license requirements of these rules and from the
			 regulations of these rules to the extent that such contractor, under the
			 contractor's prime contract with the NRC, manufactures, produces, transfers,
			 receives, acquires, owns, possesses, or uses by-product material for:
(1) The performance of work for a department
			 at the United States government-owned or government-controlled site, including
			 the transportation of by-product material to or from such site and the
			 performance of contract services during temporary interruptions of such
			 transportation;
(2) Research in, or
			 development, manufacture, storage, testing or transportation of, atomic weapons
			 or components thereof; or
(3) The
			 use or operation of nuclear reactors or other nuclear devices in a United
			 States government-owned vehicle or vessel.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 38 - General Provisions for Radiation Machines and Radioactive Materials › Rule 641-38.4 - General Regulatory Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Records.
a. Each licensee and registrant shall
			 maintain records showing the receipt, transfer, and disposal of all sources of
			 radiation. Additional record requirements are specified elsewhere in these
			 rules.
b. Electronic records.
(1) A record or signature shall not be denied
			 legal effect or enforceability solely because it is in electronic
			 form.
(2) A contract shall not be
			 denied legal effect or enforceability solely because an electronic record was
			 used in its formation.
(3) If a
			 rule requires a record to be in writing, an electronic record shall satisfy the
			 rule.
(4) If a rule requires a
			 signature, an electronic signature shall satisfy the rule.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 38 - General Provisions for Radiation Machines and Radioactive Materials › Rule 641-38.6 - Prohibited Uses

Current through Register Vol. 47, No. 3, July 24, 2024
A hand-held fluoroscopic screen shall not be used with X-ray
				equipment unless it has been accepted for certification by the U.S. Food and
				Drug Administration, Center for Devices and Radiological Health. A shoe-fitting
				fluoroscopic device shall not be used. Radiation from radiation-emitting
				machines or radioactive materials shall not be used on humans for nonmedical
				purposes except as approved by the agency for security-related
				purposes.