Current through Register Vol. 43, No. 52, December 26, 2024
(a) Subject to other provisions in this
regulation, any person may apply for a general license to conduct activities
within this state without obtaining a specific license from the secretary, if
all of the following conditions are met:
(1)
The person possesses a specific license issued by the nuclear regulatory
commission or an agreement state, other than this state, that authorizes the
proposed activities.
(2) The person
does not conduct any activities authorized by any general license issued under
this regulation for a period totalling more than 180 days in a calendar
year.
(3) The specific license does
not limit the activity authorized to a specified installation or
location.
(4) The person notifies
the department in writing at least five days before engaging in the activity.
The notification shall indicate the location, period, and type of proposed
possession and use within the state and shall be accompanied by a copy of the
specific license. If, for a specific case, the five-day period would impose an
undue hardship, the person may, upon application to the department, obtain
permission by letter, facsimile, or electronic communication to
proceed.
(5) The person complies
with all applicable regulations of the secretary and with all the terms and
conditions of the specific license, except any term or condition of the license
that is inconsistent with these regulations.
(6) The person supplies any information
requested by the department.
(7)
The person does not transfer or dispose of radioactive material possessed or
used under the general license provided in this regulation except by transfer
to a person who meets either of the following conditions:
(A) Is specifically licensed by the
department or the nuclear regulatory commission to receive the material;
or
(B) is exempt from the
requirements for a license for that material under K.A.R. 28-35-192a,
28-35-192b, 28-35-192c, 28-35-192d, 28-35-192e, 28-35-192f, or
28-35-192g.
(b) Any person who holds a specific license
issued by the nuclear regulatory commission, or an agreement state that
authorizes the person to manufacture, transfer, install, or service a device
described in K.A.R. 28-35-178b within areas subject to the jurisdiction of the
licensing body is issued a general license to manufacture, install, transfer,
or service those devices in this state subject to the following requirements:
(1) The person shall satisfy the requirements
of K.A.R. 28-35-184a(e)(1) and
(2) The device shall be manufactured,
labeled, installed, and serviced in accordance with the provisions of the
specific license issued to the person by the nuclear regulatory commission or
the agreement state.
(3) The person
shall ensure that any labels required to be affixed to the device, under
regulations of the authority that licensed the manufacture of the device, and
that bear the statement "Removal of this label is prohibited" are affixed to
the device.
(4) The person shall
furnish to each general licensee to whom the person transfers the device, or on
whose premises the person installs the device, a copy of the general license
issued in K.A.R. 28-35-178b.
(c) Acceptance of any specific license
recognized under this regulation or any product distributed pursuant to such a
license may be withdrawn, limited, or qualified by the secretary, upon
determining that the action is necessary in order to protect health or minimize
danger to life or property.
