Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-37 - Physical Protection of Category One and Category Two Quantities of Radioactive Material › Section 3701:1-37-10 - Requirements for criminal history records checks of individuals granted unescorted access to category one or category two quantities of radioactive material

Current through all regulations passed and filed through July 1, 2024
(A) General performance objectives and
			 requirements:
(1) Except for those
			 individuals listed in rule
			 3701:1-37-11 of the
			 Administrative Code and those individuals grandfathered under paragraph (B) of
			 rule 3701:1-37-09 of the
			 Administrative Code, each licensee subject to the provisions of rules
			 3701:1-37-07 to
			 3701:1-37-13 of the
			 Administrative Code shall fingerprint each individual who is to be permitted
			 unescorted access to category one or category two quantities of radioactive
			 material. Licensees shall transmit all collected fingerprints to the U. S.
			 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 one or category two quantities of radioactive materials for that
			 individual.
(2) The licensee shall
			 notify each affected individual that his or her fingerprints will be used to
			 secure a review of his or her criminal history record, and shall inform him or
			 her of the procedures for revising the record or adding explanations to the
			 record.
(3) Fingerprinting is not
			 required if a licensee is reinstating an individual's unescorted access
			 authorization to category one or category two quantities of radioactive
			 materials if:
(a) The individual returns to
			 the same facility that granted unescorted access authorization within three
			 hundred sixty-five days of the termination of his or her unescorted access
			 authorization; and
(b) The previous
			 access was terminated under favorable conditions.
(4) 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 one or category two
			 quantities of radioactive material, access to safeguards information, or
			 safeguards information-modified handling by another licensee, based upon a
			 background investigation conducted under rules
			 3701:1-37-07 to
			 3701:1-37-13 of the
			 Administrative Code, the fingerprint orders, or
			 10 CFR
			 73 (in effect on the effective date of this
			 rule). An existing criminal history records check file may be transferred to
			 the licensee asked to grant unescorted access in accordance with the provisions
			 of paragraph (C) of rule
			 3701:1-37-12 of the
			 Administrative Code.
(5) 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 one or category two quantities of
			 radioactive materials, access to safeguards information, or safeguards
			 information-modified handling.