reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0050 - Right to Correct and Complete Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to any final adverse determination,
			 licensees shall provide each individual subject to this division with the right
			 to complete, correct, and explain information obtained as a result of the
			 licensee's background investigation. Confirmation of receipt by the individual
			 of this notification must be maintained by the licensee for a period of one
			 year from the date of the notification.
(2) If an individual reviewing their criminal
			 history record believes that it is incorrect or incomplete in any respect and
			 wishes to change, correct, update, or explain anything in the record, the
			 individual may initiate challenge procedures.
(3) Challenge procedures include direct
			 application by the individual challenging the record to the law enforcement
			 agency that contributed the questioned information or a direct challenge as to
			 the accuracy or completeness of any entry on the criminal history record to the
			 Federal Bureau of Investigation, Criminal Justice Information Services (CJIS)
			 Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306 as
			 set forth in
			 28 CFR 16.30
			 through
			 16.34.
			 In the latter case, the Federal Bureau of Investigation (FBI) will forward the
			 challenge to the agency that submitted the data, and will request that the
			 agency verify or correct the challenged entry. Upon receipt of an official
			 communication directly from the agency that contributed the original
			 information, the FBI Identification Division makes any changes necessary in
			 accordance with the information supplied by that agency. Licensees must provide
			 at least 10 days for an individual to initiate action to challenge the results
			 of an FBI criminal history records check after the record being made available
			 for his or her review. The licensee may make a final adverse determination
			 based upon the criminal history records only after receipt of the FBI's
			 confirmation or correction of the record.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0055 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The licensee
			 shall retain documentation regarding the trustworthiness and reliability of
			 individual employees for three years from the date the individual no longer
			 requires unescorted access to category 1 or category 2 radioactive materials.
(2) The licensee shall retain a
			 copy of the current access authorization program procedures as a record for
			 three years after the procedure is no longer needed. If any portion of the
			 procedure is superseded, the licensee shall retain the superseded materials for
			 three years after the records have been amended.
(3) The licensee shall retain the list of
			 persons approved for unescorted access authorization for three years after the
			 list is superseded or replaced.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0065 - Grandfathering

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals who
			 have been determined to be trustworthy and reliable for unescorted access to
			 category 1 or category 2 quantities of radioactive material under the
			 Fingerprint Orders may continue to have unescorted access to category 1 and
			 category 2 quantities of radioactive materials without further investigation.
			 These individuals shall be subject to the reinvestigation requirement outlined
			 in OAR 333-125-0070.
(2)
			 Individuals who have been determined to be trustworthy and reliable under the
			 provisions of  10 CFR Part 73  or the security orders for access to safeguards
			 information, safeguards information-modified handling, or risk-significant
			 material, may have unescorted access to category 1 and category 2 quantities of
			 radioactive material without further investigation.
(3) The licensee shall document that the
			 individual was determined to be trustworthy and reliable under the provisions
			 of 10 CFR Parts 73 or a security order. Security order, in this context, refers
			 to any order that was issued by the NRC that required fingerprints and an FBI
			 criminal history records check for access to safeguards information, safeguards
			 information-modified handling, or risk significant material such as special
			 nuclear material or large quantities of uranium hexafluoride. These individuals
			 shall be subject to the reinvestigation requirement per OAR
			 333-125-0070.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0070 - Reinvestigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensees shall
			 conduct a reinvestigation every 10 years for any individual with unescorted
			 access to category 1 or category 2 quantities of radioactive material.
(2) The reinvestigation shall
			 consist of fingerprinting, FBI identification, and criminal history records
			 check in accordance with OAR 333-125-0075  through 333-125-0080.
(3) The reinvestigations must be completed
			 within 10 years of the date on which these elements were last
			 completed.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0075 - Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 Performance Objective and Requirements. Except for those individuals listed in
			 OAR 333-125-0085  and those individuals grandfathered under OAR 333-125-0065,
			 each licensee subject to the provision of this division shall fingerprint each
			 individual who is to be permitted unescorted access to category 1 and category
			 2 quantities of radioactive material.
(2) Licensees shall transmit all collected
			 fingerprints to the NRC 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 unescorted access to
			 category 1 or category 2 quantities of radioactive material for that
			 individual.
(3) The licensee shall
			 notify each affected individual that their fingerprints will be used to secure
			 a review of their criminal history record, and shall inform the individual of
			 the procedures for revising the record or adding explanations to the record.
(4) Fingerprinting is not required
			 if a licensee is reinstating an individual's unescorted access if:
(a) 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
(b) The previous access was terminated under
			 favorable conditions.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0080 - Background Investigations and Access Control Program: Procedures for Processing of Fingerprint Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For the purpose of complying with OAR 333-125-0020  through 333-125-0095,
			 licensees shall submit to the U.S. Nuclear Regulatory Commission, Director,
			 Division of Physical and Cyber Security Policy, 11545 Rockville Pike, Attn:
			 Criminal History Program/Mail Stop - T-07D04M, Maryland 20852, one completed,
			 legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ), electronic
			 fingerprint scan or, where practicable, other fingerprint record for each
			 individual requiring unescorted access to category 1 or category 2 quantities
			 of radioactive material. Copies of these forms may be obtained by electronic
			 mail at MAILSVS.Resource@nrc.gov. Guidance on submitting electronic
			 fingerprints can be found at
https://www.nrc.gov/security/chp.html
.
(2) Fees for the processing of fingerprint
			 checks are due upon application. Licensees shall submit payment with the
			 application for the processing of fingerprints through corporate check,
			 certified check, cashier's check, money order, or electronic payment, made
			 payable to "U.S. NRC." For guidance on making electronic payments, contact the
			 Division of Physical and Cyber Security Policy by electronic mail at
			 Crimhist.Resource@nrc.gov. Combined payment for multiple applications is
			 acceptable. The Commission publishes the amount of the fingerprint check
			 application fee on the NRC's public website. To find the current fee amount, go
			 to the Licensee Criminal History Records Checks & Firearms Background Check
			 information page at
https://www.nrc.gov/security/chp.html
and see the link for "How do I determine how much to pay for the
			 request?"
(3) The Commission shall
			 forward to the submitting licensee all data received from the FBI as a result
			 of the licensee's application(s) for criminal history records checks.
Statutory/Other Authority: ORS
				  453.635
Statutes/Other Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0090 - Background Investigations and Access Control Program: Protection of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 licensee who obtains background information on an individual under OAR
			 333-125-0020  through 333-125-0095  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, his or her 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 his or her file; and
(b) The recipient licensee verifies
			 information such as name, date of birth, social security number, gender, and
			 other applicable physical characteristics.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0095 - Access Authorization Program Review

Current through Register Vol. 63, No. 7, July 1, 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 within OAR 333-125-0020  through 333-125-0095  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 annually 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.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0100 - Security Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicability: 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 outlined in
			 this rule through OAR 333-125-0155.
(a) An
			 applicant for a new license and each licensee that becomes newly subject to the
			 requirements of OAR 333-125-0100  through 333-125-0155  upon application for
			 modification of its license shall implement the requirements of OAR
			 333-125-0100  through 333-125-0155  as appropriate, before taking possession of
			 an aggregated category 1 or category 2 quantity of radioactive
			 material.
(b) Any licensee that has
			 not previously implemented the Security Orders or been subject to the
			 provisions OAR 333-125-0100  through 333-125-0155  shall provide written
			 notification to the Authority at least 90 days before aggregating radioactive
			 material to a quantity that equals or exceeds the category 2
			 threshold.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0105 - General Security Program Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Security plan. Each licensee identified
			 in OAR 333-125-0100(1)  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 this division. The security
			 plan must, at a minimum:
(a) Describe the
			 measures and strategies used to implement the requirements of OAR 333-125-0100  through 333-125-0155; and
(b)
			 Identify the security resources, equipment, and technology used to satisfy the
			 requirements of this division.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0110 - Security Program Implementation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The licensee shall develop and maintain a
			 written implementation plan that provides procedures on how the requirements of
			 the security plan will be met.
(2)
			 The implementation plan's procedures and revisions must be approved in writing
			 by the individual with overall responsibility for the security program.
(3) The licensee shall retain a
			 copy of the implementation plan's current procedures as a record for three
			 years after the implementation plan is no longer needed. Superseded portions of
			 the plan's procedures must be retained for three years after the record is
			 superseded.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0115 - Physical Protection Requirements During Use: Security Program Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each licensee
			 shall conduct training to ensure that those individuals implementing the
			 security program possess and maintain the knowledge, skills, and abilities to
			 carry out their assigned duties and responsibilities effectively. The training
			 must include instruction in:
(a) The
			 licensee's security program and procedures to secure category 1 or category 2
			 quantities of radioactive material, and in the purposes and functions of the
			 security measures employed;
(b) The
			 responsibility to report promptly to the licensee any condition that causes or
			 may cause a violation of the Authority's requirements;
(c) The responsibility of the licensee to
			 report promptly to the local law enforcement agency and licensee any actual or
			 attempted theft, sabotage, or diversion of category 1 or category 2 quantities
			 of radioactive material; and
(d)
			 The appropriate response to security alarms.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0120 - Physical Protection Requirements During Use: Security Program, Protection of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Licensees authorized to possess category 1 or category 2 quantities of
			 radioactive material shall secure from public disclosure and limit access to
			 their security plan and implementation procedures, and the list of individuals
			 that have been approved for unescorted access.
(2) Efforts to limit access shall include the
			 development, implementation, and maintenance of written policies and procedures
			 for controlling access to, and for proper handling and protection against
			 unauthorized disclosure of the security plan implementation procedures, and the
			 list of individuals that have been approved for unescorted access.
(3) Before granting an individual access to
			 the security plan, implementation procedures, or the list of individuals that
			 have been approved for unescorted access, the licensee shall:
(a) Evaluate an individual's need to know of
			 the security plan, implementation procedures, or the list of individuals that
			 have been approved for unescorted access; and
(b) If the individual has not been authorized
			 for unescorted access to category 1 or category 2 quantities of radioactive
			 material, safeguards information, or safeguards information-modified handling,
			 the licensee must complete a background investigation to determine the
			 individual's trustworthiness and reliability. A trustworthiness and reliability
			 determination shall be conducted by the reviewing official and shall include
			 the background investigation elements contained in OAR 333-125-0060(2)(b)
			 through (2)(e)(B).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0125 - Physical Protection Requirements During Use: Local Law Enforcement Agency (LLEA) Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 licensee subject to OAR 333-125-0100  through 333-125-0155  shall coordinate, to
			 the extent practicable, with a 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 OAR 333-125-0100  through 333-125-0155;
			 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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0130 - Security Zones

Current through Register Vol. 63, No. 7, July 1, 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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0135 - Monitoring, Detection, and Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensees shall establish and maintain
			 the capability to continuously monitor and detect without delay all
			 unauthorized entries into its 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.
(2)
			 Monitoring and detection must be performed by:
(a) A monitored intrusion detection system
			 that is linked to an onsite or offsite central monitoring facility; or
(b) Electronic devices for
			 intrusion detection alarms that will alert nearby facility personnel; or
(c) A monitored video surveillance
			 system; or
(d) Direct visual
			 surveillance by approved individuals located within the security zone; or
(e) Direct visual surveillance by
			 a licensee designated individual located outside the security zone.
(f) A licensee subject to OAR 333-125-0100  through 333-125-0155  shall also have a means to detect unauthorized removal of
			 the radioactive material from the security zone. This detection capability must
			 provide:
(A) 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:
(i)
			 Electronic sensors linked to an alarm; or
(ii) Continuous monitored video surveillance;
			 or
(iii) Direct visual
			 surveillance.
(g) 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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0140 - Maintenance and Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 licensee subject to OAR 333-125-0100  through 333-125-0155  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
			 division must be inspected and tested for operability and performance at the
			 manufacturer's suggested frequency. If there is no 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.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0145 - Requirements for Mobile Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each licensee that possesses mobile devices containing category 1 or category 2
			 quantities of radioactive material must 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.
(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, the licensee shall 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.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0150 - Security Program Review

Current through Register Vol. 63, No. 7, July 1, 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 this division 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 procedures.
(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.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0155 - Physical Protection Requirements During Use: Reporting of Events

Current through Register Vol. 63, No. 7, July 1, 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 Authority by
			 telephone at 1-800-425-0311. In no case shall the notification to the Authority
			 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
			 Authority by telephone at 1-800-425-0311.
(3) The initial telephonic notification
			 required by section (1) of this rule must be followed within a period of 30
			 days by a written report submitted to the Authority. The report must include
			 sufficient information for Authority analysis and evaluation, including
			 identification of any necessary corrective actions to prevent future
			 instances.
Statutory/Other Authority: ORS
				  453.635
Statutes/Other Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0165 - Additional Requirements for Transfer of Category 1 and Category 2 Quantities of Radioactive Material

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 licensee transferring a category 1 or category 2 quantity of radioactive
			 material to a licensee of the Commission or an Agreement State shall meet the
			 license verification provisions listed in subsections (a) through (c) below
			 instead of those listed in OAR 333-102-0330(4).
(a) Any licensee transferring category 1
			 quantities of radioactive material to a licensee of the Commission or an
			 Agreement State, prior to conducting such transfer, shall verify with 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.
(b) Any licensee transferring category 2
			 quantities of radioactive material to a licensee of the Commission or an
			 Agreement State, prior to conducting such transfer, shall verify with 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.
(c)
			 In an emergency where the licensee cannot reach the license issuing authority
			 and the license verification system is 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 use of the NRC's license verification system or by
			 contacting the license issuing authority by the end of the next business day.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0170 - Applicability of Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Transit

Current through Register Vol. 63, No. 7, July 1, 2024
The shipping licensee shall be responsible for meeting the
				requirements of OAR 333-125-0165  through 333-125-0190  unless the receiving
				licensee has agreed in writing to arrange for the in-transit physical
				protection required under OAR 333-125-0165  through 333-125-0190.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0175 - Preplanning and Coordination of Shipment of Category 1 or Category 2 Quantities of Radioactive Material

Current through Register Vol. 63, No. 7, July 1, 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:
(A) Discuss
			 the state's intention to provide law enforcement escorts; and
(B) Identify safe havens; and
(C) Document the preplanning and coordination
			 activities.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0180 - Physical Protection in Transit: Advance Notification of Shipment of Category 1 Quantities of Radioactive Material

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As specified in sections (1) and (2) of
			 this rule, each licensee shall provide advance notification to the Authority
			 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. Notifications to the Authority must be mailed to
			 Radiation Protection Services, 800 NE Oregon Street, Suite 640, Portland,
			 Oregon 97232.
(a) Procedures for submitting
			 advance notification. The notification must be made to the Authority 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
https://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.
(b) A notification delivered by mail must be
			 postmarked at least seven days before transport of the shipment commences at
			 the shipping facility.
(c) A
			 notification delivered by any means other than mail must be received 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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0185 - Requirements for Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Shipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 Shipments by road. Each licensee who transports, or delivers to a carrier for
			 transport, in a single shipment, a category 1 quantity of radioactive material
			 shall:
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(E) Develop written normal and
			 contingency procedures to address:
(i)
			 Notifications to the communication center and law enforcement agencies;
(ii) 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;
(iii) Loss of communications; and
(iv) Responses to an actual or
			 attempted theft or diversion of a shipment.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0195 - Form of Records

Current through Register Vol. 63, No. 7, July 1, 2024
Each record required by this rule must be legible throughout
				the retention period. 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.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 125 - MATERIALS SAFETY AND SECURITY › Section 333-125-0200 - Record Retention

Current through Register Vol. 63, No. 7, July 1, 2024
Licensees shall maintain the records that are required by the
				regulations in this division for the period specified by the appropriate
				regulation. If a retention period is not otherwise specified, these records
				must be retained until the Authority terminates the facility's license. All
				records related to this division may be destroyed upon the Authority
				terminating the facility's license.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.635
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 150 - FOOD SANITATION RULES › Section 333-150-0000 - Food Sanitation Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authority
			 and Purpose. This rule establishes definitions, sets standards for management
			 and personnel, food protection, and equipment and facilities, water supply,
			 sewage disposal, provides for food establishment plan review, and employee
			 restriction to safeguard public health and provide consumers food that is safe,
			 unadulterated, and honestly presented.
(2) Incorporation by Reference. The
			 requirements in the U.S. Public Health Service, Food and Drug Administration
			 (FDA), Food Code 2009, Chapters 1 through 8 are adopted and incorporated by
			 reference.
(a) The structural nomenclature of
			 the 2009 FDA Food Code is as follows:
Chapter 9
Part 9-1
Subpart 9-101
Section (§) 9-101.11
Paragraph (¶) 9-101.11(A)
Subpa ragraph 9-101.11(A)(1).
(b) References in these rules to the 2009 FDA
			 Food Code use the structural nomenclature identified in subsection (2)(a) of
			 this rule.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0000 - Inspection Form Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Local Public Health Authority shall document violations observed during any
			 sanitation inspection by including the following information on the form
			 approved by the Authority:
(a) The number of
			 the related item on the inspection form;
(b) The point value associated with the item
			 including penalty additions;
(c)
			 Oregon Administrative Rule or Oregon Revised Statute number violated;
			 and
(d) A brief statement of the
			 specific problem and required corrections.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0010 - Approved Alternative Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An alternative procedure may be approved
			 on a temporary basis for a designated time period, if in the judgment of the
			 environmental health specialist the procedure provides interim health and
			 safety protection equal to that provided by the rule. The environmental health
			 specialist may extend the designated time period if justified by unforeseen
			 circumstances. Such an alternative procedure shall not authorize or condone any
			 priority item or priority foundation item violation.
(2) All alternative procedures that have been
			 approved shall be implemented immediately.
Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 -
				  624.130
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0020 - Public Notice of Restaurant Sanitation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The notice of restaurant sanitation shall
			 be based upon the sanitation score calculated on the inspection form at the end
			 of each unannounced complete inspection and shall be posted at a customary
			 entrance to the establishment. If, upon recheck inspection, any priority item
			 or priority foundation item violation listed on the inspection form is not
			 corrected within the designated time limit, the notice of restaurant sanitation
			 posted at the end of the unannounced complete inspection shall be removed, the
			 notice of closure posted, and closure action taken.
(2) A notice of restaurant sanitation that
			 states that the establishment "Complied with the Acceptable Sanitation
			 Standards" shall be assigned to a restaurant that obtains a sanitation score of
			 70 or more in an unannounced complete inspection provided all priority item and
			 priority foundation item violations have been corrected or remedied by approved
			 alternative procedures. Upon recheck inspection, any uncorrected priority item
			 or priority foundation item violations shall cause the notice of restaurant
			 sanitation to be removed, the notice of closure to be posted, and closure
			 action taken.
(3) A notice of
			 restaurant sanitation that states that the establishment "Failed to Comply with
			 the Acceptable Sanitation Standards" shall be assigned to a restaurant that
			 obtains a sanitation score of less than 70 in an unannounced complete
			 inspection provided all priority item and priority foundation item violations
			 have been corrected or remedied by approved alternative procedures. Such a
			 notice of restaurant sanitation shall remain until the facility is closed or
			 until a sanitation score of 70 or more is obtained upon another inspection
			 conducted within 30 days.
Stat. Auth.: ORS 624.073
Stats. Implemented: ORS
				  624.085
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0025 - Communication and Compliance Protocols

Current through Register Vol. 63, No. 7, July 1, 2024
Communication and compliance protocols will be provided by the
				Assistant Director to operators of non-complying food service facilities. This
				communication will convey current and potential compliance actions, and will
				include the appropriate use of correspondence, meetings, and officials
				notices.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0027 - Increased Inspection Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any restaurant that fails to obtain a minimum acceptable sanitation score of 70
			 or more for two consecutive, unannounced semi-annual inspections shall be
			 subject to an increased inspection schedule.
(2) Except as provided in section (4) of this
			 rule, this schedule will consist of one complete unannounced inspection a
			 quarter (three month period) as well as any re-check inspections required. This
			 inspection schedule shall begin in the quarter immediately following the second
			 consecutive score of less than 70.
(3) The increased inspection schedule will
			 revert to semi-annual inspections after the facility has obtained four (4)
			 consecutive scores of 70 or above.
(4) At the Assistant Director's option, one
			 of the four required inspections may be an inspection using Hazard Analysis and
			 Critical Control Point (HACCP) principles, as defined in these rules. HACCP
			 based inspections may be announced. Participation by a restaurant in a
			 HACCP-based inspection shall be the equivalent of a score of 70 or above for
			 the purposes of this rule.
(5) The
			 inspecting agency may assess a fee for each quarterly inspection required under
			 this rule of up to one-half of the annual licensing fee otherwise assessable to
			 the restaurant.
Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 -
				  624.130
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0030 - Closure of Restaurants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 the administrator closes a restaurant, a statement by the Authority ordering
			 closure and specifying the reasons therefore, and signed by the administrator,
			 shall be attached to the inspection form and delivered to the operator or
			 person in charge:
(a) When a restaurant is
			 closed, the administrator shall post the notice of closure at a customary
			 entrance;
(b) No person except the
			 administrator shall remove or alter this notice;
(c) No person shall operate a restaurant that
			 has been closed.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0040 - Display of Public Notice of Restaurant Sanitation

Current through Register Vol. 63, No. 7, July 1, 2024
It shall be unlawful for any restaurant to display a Public
				Notice of Restaurant Sanitation other than the one awarded by the
				administrator. It shall be unlawful for anyone except the administrator to
				post, change, remove, or deface a Public Notice of Restaurant
				Sanitation.
Stat. Auth.: ORS 624.060 & 624.073
Stats. Implemented: ORS 624.060 &
				  624.073