Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 220 - Rules Relating to Radiation Protection
Part C - LICENSING OF RADIOACTIVE MATERIAL
RECIPROCITY
Section 144-220-C-24 - Reciprocal recognition of licenses
Universal Citation: 10 ME Code Rules § 144-220-C-24
Current through 2025-13, March 26, 2025
A. Licenses of Radioactive, Source, and Special Nuclear Material in Quantities Not Sufficient to Form a Critical Mass.
(1)
Subject to this rule, any person who holds a specific license from the Nuclear
Regulatory Commission or any Agreement State, and issued by the Agency having
jurisdiction where the licensee maintains an office for directing the licensed
activity and at which radiation safety records are normally maintained, is
hereby granted a general license to conduct the activities authorized in such
licensing document within this State provided that:
(a) The licensing document does not limit the
activity authorized by such document to specified installations or
locations;
(b) The out-of-state
licensee notifies the Agency in writing at least three working days prior to
engaging in such activity and receive Agency approval. Such 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 pertinent licensing
document and HHE form 865. If, for a specific case, the three working day
period would impose an undue hardship on the out-of-state licensee, he or she
may, upon application to the Agency, obtain permission to proceed sooner. The
Agency requires that the applicable Maine annual license fee accompany the
initial request for reciprocity (see Table 1 to Appendix A of this Part). This
reciprocity fee will cover a period of one year from the time of application,
at which time a new fee submittal will be required. Up to 180 days of
accumulative works may be performed during the covered period. This requirement
does not waive the requirement for filing additional written notifications
during the remainder of the calendar year following the receipt of the initial
notification from a person engaging in activities under the general license
provided in C.24.A(1).
(c) The
out-of-state licensee complies with all applicable regulations of the Agency
and with all the terms and conditions of his/her licensing document, except any
such terms and conditions which may be inconsistent with applicable regulations
of the Agency;
(d) The out-of-state
licensee supplies such other information as the Agency may request;
(e) The out-of-state licensee shall not
transfer or dispose of radioactive material possessed or used under the general
license provided in C.24.A(1) except by transfer to a person:
(i) Specifically licensed by the Agency or by
the Nuclear Regulatory Commission to receive such material, or
(ii) Exempt from the requirements for a
license for such material under C.3; and
(f) The out-of-state licensee shall not,
under the general license concerning activities within this State, possess or
use radioactive materials, or engage in the activities authorized in paragraph
A of this section, for more than 180 days accumulative in any calendar year.
(2) Notwithstanding the
provisions of C.24.A(1), any person who holds a specific license issued by the
Nuclear Regulatory Commission or an Agreement State authorizing the holder to
manufacture, transfer, install, or service a device described in C.6.C(1)
within areas subject to the jurisdiction of the licensing body is hereby
granted a general license to install, transfer, demonstrate or service such a
device in this State provided that:
(a) The
device has been manufactured, labeled, installed, and serviced in accordance
with applicable provisions of the specific license issued to such person by the
Nuclear Regulatory Commission or an Agreement State;
(b) Such person shall assure that any labels
required to be affixed to the device under regulations of the authority, which
licensed manufacture of the device, bear a statement that "REMOVAL OF
THIS LABEL IS PROHIBITED";
(c) Such person shall file Agency Form HHE
867 Registration Certificate - Service of Generally Licensed devices. The form
shall be submitted within 30 days after the first entry or 30 days after the
effective date of this rule for persons in state prior to the effective date.
The general licensee shall furnish such information as may be required by that
form as well as the annual fee referenced in Appendix A of this Part. This
registration fee will cover a period of one year from the time of application,
at which time a new fee submittal will be required.
B. The Agency may withdraw, limit or qualify its acceptance of any specific license or equivalent licensing document issued by another Agency, or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to prevent undue hazard to public health and safety or property.
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