North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-12 - Application and background review for specific licenses

Current through Supplement No. 393, July, 2024
1. Applications for
				specific licenses shall be in English and filed in a manner and on a form
				prescribed by the department.
2.
				The department may at any time after the filing of the original application,
				and before the termination of the license, require further statements in order
				to enable the department to determine whether the application shall be granted
				or denied or whether a license shall be modified or revoked.
3. An applicant must provide information
				required by the department to complete an environmental compliance background
				review, including:
a. Consent to a criminal
				history check under North Dakota Century Code section 12-60-24.
b. Disclosure of personal and business
				information on a form provided by the department, executed under oath or
				affirmation, which includes:
(1) The person's
				name and address;
(2) A description
				of the person's experience in managing the type of TENORM that will be managed
				under the license;
(3) A
				description of every civil and administrative complaint against the person for
				the violation of any state or federal environmental protection law which has
				resulted in a fine or penalty of more than ten thousand dollars within five
				years before the date of the submission of the application;
(4) A description of every settlement
				agreement entered into by the person with a federal or state agency to resolve
				any alleged violation of any state or federal environmental protection law
				which has resulted in a payment of more than ten thousand dollars within five
				years before the date of the submission of the application;
(5) A description of every pending notice of
				violation, civil complaint, administrative complaint, or criminal complaint
				alleging the violation of any state or federal environmental protection
				law;
(6) A description of every
				judgment of criminal conviction entered against the applicant within five years
				before the date of submission of the application for the violation of any state
				or federal environmental protection law;
(7) A description of every judgment of
				criminal conviction of a felony constituting a crime involving fraud or
				misrepresentation under the laws of any state or of the United States which has
				been entered against the applicant within five years before the date of
				submission of the application; and
(8) Any other information the department
				deems relevant.
c. In
				addition to the applicant, the following related individuals and entities may
				be required to submit personal and business disclosure information:
(1) Each entity that is, or is proposed to
				be:
(a) A partner;
(b) An entity contracted with the applicant
				to operate, manage, or supervise the facility or activities for which approval
				is being sought;
(c) An entity
				holding of ten percent or more of the applicant's debt;
(d) An entity holding ten percent or more of
				the applicant's equity; or
(e) The
				parent corporation, holding corporation, and any other entity that exercises
				control over the facility or activities for which approval is being
				sought.
(2) Each
				individual which has, or is proposed to have, any of the following
				relationships with the applicant:
(a)
				Director;
(b) Partner;
(c) Officer;
(d) All individuals having managerial or
				supervisory or substantial decisionmaking authority and responsibility for the
				management of operations involving TENORM;
(e) Holder of ten percent or more of the
				applicant's debt; or
(f) Holder of
				ten percent or more of the applicant's equity.