Current through Register No. 40, October 3, 2024
(a)
Licensees shall implement the requirements of
He-P
4038.07 through
He-P
4038.13 for granting initial or reinstated unescorted
access authorization.
(b)
Individuals who have been determined to be trustworthy and reliable shall also
complete the security training required by
He-P
4038.15(c) before being allowed
unescorted access to category 1 or category 2 quantities of radioactive
material.
(c) Reviewing officials
are the only individuals who may make trustworthiness and reliability
determinations that allow individuals to have unescorted access to category 1
or category 2 quantities of radioactive materials possessed by the
licensee.
(d) Each licensee shall
name one or more individuals to be reviewing officials. After completing the
background investigation on the reviewing official, the licensee shall provide
under oath or affirmation, a certification that the reviewing official is
deemed trustworthy and reliable by the licensee. Provide oath or affirmation
certifications to DHHS/RHS. The fingerprints of the named reviewing official
must be taken by a law enforcement agency, Federal or state agencies that
provide fingerprinting services to the public, or commercial fingerprinting
services authorized by New Hampshire to take fingerprints. The licensee shall
recertify that the reviewing official is deemed trustworthy and reliable every
10 years in accordance with
He-P 4038.09(d)
.
(e) Reviewing official shall:
(1) Be permitted to have unescorted access to
category 1 or category 2 quantities of radioactive materials or access to
safeguards information or safeguards information-modified handling, if the
licensee possesses safeguards information or safeguards information-modified
handling;
(2) Not approve other
individuals to act as reviewing officials;
(3) Not need to undergo a new background
investigation before being named by the licensee as the reviewing official if:
a. The individual has undergone a background
investigation that include fingerprinting and an FBI criminal history records
check and has been previously determined to be trustworthy and reliable by the
licensee; or
b. The individual is
subject to a category listed in
He-P
4038.11(a) .
(f) Licensees shall not initiate a
background investigation without the informed and signed consent of the subject
individual. This consent shall include authorization to share personal
information with other individuals or organizations as necessary to complete
the background investigation. Before a final adverse determination, the
licensee shall provide the individual with an opportunity to correct any
inaccurate or incomplete information that is developed during the background
investigation. Licensees shall not need to obtain signed consent from those
individuals that meet the requirements of
He-P 4038.09(b) and (c)
. A signed consent must be obtained prior to
any reinvestigation.
(g) The
subject individual may withdraw his or her consent at any time. Licensees shall
inform the individual that:
(1) If an
individual withdraws his or her consent, the licensee may not initiate any
elements of the background investigation that were not in progress at the time
the individual withdrew his or her consent; and
(2) The withdrawal of consent for the
background investigation is sufficient cause for denial or termination of
unescorted access authorization.
(h) Any individual who is applying for
unescorted access authorization shall disclose the personal history information
that is required by the licensee's access authorization program for the
reviewing official to make a determination of the individual's trustworthiness
and reliability. Refusal to provide, or the falsification of, any personal
history information required by this
He-P
4038.07 through
He-P
4038.13 is sufficient cause for denial or termination
of unescorted access.
(i) The
licensee shall:
(1) Determine whether to
permit, deny, unfavorably terminate, maintain, or administratively withdraw an
individual's unescorted access authorization based on an evaluation of all of
the information collected to meet the requirements of
He-P
4038.07 through
He-P
4038.13;
(2) Not permit any individual to have
unescorted access until the licensee has evaluated all of the information
collected to meet the requirements of
He-P
4038.07 through
He-P
4038.13 and determined that the individual is
trustworthy and reliable. The reviewing official may deny unescorted access to
any individual based on information obtained at any time during the background
investigation;
(3) Document the
basis for concluding whether or not there is reasonable assurance that an
individual is trustworthy and reliable;
(4) May terminate or administratively
withdraw an individual's unescorted access authorization based on information
obtained after the background investigation has been completed and the
individual granted unescorted access authorization; and
(5) Maintain a list of persons currently
approved for unescorted access authorization. When a licensee determines that a
person no longer requires unescorted access or meets the access authorization
requirement, the licensee shall remove the person from the approved list as
soon as possible, but no later than 7 working days, and take prompt measures to
ensure that the individual is unable to have unescorted access to the
material.
(j) Licensees
shall develop, implement, and maintain written procedures for implementing the
access authorization program. The procedures shall include:
(1) Provisions for the notification of
individuals who are denied unescorted access. The procedures shall include
provisions for the review, at the request of the affected individual, of a
denial or termination of unescorted access authorization; and
(2) Provision to ensure that the individual
is informed of the grounds for the denial or termination of unescorted access
authorization and allow the individual an opportunity to provide additional
relevant information.
(k) Prior to any final adverse determination,
licensees shall provide:
(1) Each individual
subject to
He-P
4038.07 through
He-P
4038.13 with the right to complete, correct, and
explain information obtained as a result of the licensee's background
investigation;
(2) A confirmation
of receipt by the individual of this notification to be maintained by the
licensee for a period of 1 year from the date of the notification;
(3) Each individual with an opportunity to
make revisions, corrections, updates to, or explanations of information in his
or her criminal history record, if the individual believes it is incorrect or
incomplete in any respect. The individual may initiate challenge procedures to
change, correct, update, or explain anything in the record. The individual may
initiate a challenge which shall include:
a.
A 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; and
b. Upon receipt of an official communication
directly from the law enforcement agency that contributed the original
information, the FBI Identification Division shall make any changes necessary
in accordance with the information supplied by that law enforcement
agency;
(4) 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; and
(5) Make a
final adverse determination based upon the criminal history records shall be
made only after receipt of the FBI's confirmation or correction of the record;
and
(l) The licensee
shall retain:
(1) Documentation regarding the
trustworthiness and reliability of individual employees for 3 years from the
date the individual no longer requires unescorted access to category 1 or
category 2 quantities of radioactive material;
(2) A copy of the current access
authorization program procedures as a record for 3 years after the procedure is
no longer needed. If any portion of the procedure is superseded, the licensee
shall retain the superseded material for 3 years after the record is
superseded; and
(3) The list of
persons approved for unescorted access authorization for 3 years after the list
is superseded or replaced.
