Minnesota Administrative Rules
Agency 144 - Health Department
Chapter 4731 - RADIATION SAFETY
GENERAL PROVISIONS
Part 4731.0355 - RECIPROCITY
Universal Citation: MN Rules 4731.0355
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Application; recognition.
A.
Subject to this chapter, a person who holds a specific license from the NRC or
an 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, may apply for reciprocity.
Once reciprocity is approved, the out-of-state licensee is granted a general
license to conduct the activities authorized in the NRC or agreement state
license within this state for a period not in excess of 180 days in a calendar
year.
B. Applications for reciprocal recognition of licenses
issued by the NRC or other agreement states may be made by completing a report
of proposed activity reciprocity form prescribed by the commissioner. The form
may be obtained by contacting the Radioactive Materials Unit, Minnesota
Department of Health, 625 Robert Street N, P.O. Box 64975, St. Paul, MN
55164-0975.
C. The application must
be signed and dated by the radiation safety officer or the responsible
management representative.
D. The
applicant must submit a copy of the current licensing document. The licensing
document must not limit the activity authorized by the document to specified
installations or locations.
E. The
applicant must pay the reciprocity fee under Minnesota Statutes, section
144.1205.
Subp. 2. Review and inspection.
A. The commissioner shall
review applications for reciprocity for compliance with this chapter . The
commissioner may withdraw, limit, or qualify acceptance of a specific license
or equivalent licensing document issued by the NRC or an agreement state or a
product distributed under the licensing document upon determining that the
action is necessary to prevent undue hazard to public health and safety or
property.
B. Inspections by the
commissioner may be performed on any licensee who has been granted a reciprocal
license.
Subp. 3. Notification.
A. An out-of-state
licensee approved for reciprocity must notify the commissioner in writing at
least three days before engaging in activities in the state. The notification
must include:
(1)
the name of the company for whom service will
be performed;
(2)
the name and telephone number of the
individual representing the company under subitem (1);
(3)
the location where services will be performed;
(4)
the start date;
(5)
the duration of the service;
(6)
the type of service to be performed;
(7)
the name of individuals performing the service; and
(8)
identification of the sources of radiation to be used.
B. The out-of-state licensee must:
(1) notify the commissioner in advance of any
changes in the work location, schedule, radioactive material, or work
activities;
[For text of subitems (2) and (3), see M.R.]
[For text of items C and D, see M.R.]
(2) comply with this chapter and
with all the terms and conditions of the licensing document, except any terms
and conditions that may be inconsistent with this chapter; and
(3) supply any other information requested by
the commissioner.
C. The
out-of-state licensee must not transfer or dispose of radioactive material
possessed or used under the general license under this part except by transfer
to a person who is specifically licensed by the NRC or an agreement state to
receive the material.
D. If, for a
specific case, the three-day notification period would impose an undue hardship
on the out-of-state licensee, the licensee may, upon written application to the
commissioner, obtain permission to proceed sooner.
Subp. 4. Jurisdictional status.
A. A licensee must determine the
jurisdictional status of a temporary job site before radioactive materials may
be used at a job site at any federal facility within the state. If the
jurisdictional status is unknown, the licensee must contact the federal agency
that controls the site to determine if the job site is under exclusive federal
jurisdiction.
B. A licensee must
obtain authorization from the NRC or an agreement state before radioactive
material may be used at a temporary job site in another state. Authorization
may be obtained by applying for reciprocity or a specific license from the
state or the NRC in areas of exclusive federal jurisdiction.
Statutory Authority: MS s 144.1202; 144.1203
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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