New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 16 - Ionizing Radiation
Licensing of Radioactive Materials
Section 16.104 - Conditions of specific licenses
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 16.104
Current through Register Vol. 46, No. 39, September 25, 2024
(a) It is hereby made a condition of each specific license:
(1) that the licensee
thereunder shall comply with all applicable provisions of the State Public
Health Law, of all other laws now or hereafter in effect, and with all
applicable rules, regulations, codes and orders now or hereafter in effect of
the department and of all appropriate regulatory agencies;
(2) that neither such license, nor any right,
title or interest in, of or to such license, shall be disposed of by
assignment, transfer or otherwise, either voluntarily or involuntarily, either
directly or indirectly, unless the department shall, after securing complete
and accurate pertinent information, have approved in uniting of such
disposal;
(3) that the licensee
shall confine his possession and use of licensed radioactive material to such
location or locations and for such purpose or purposes as the license may
authorize; provided, however, that except as otherwise provided in such license
or this Part, such license shall be deemed to authorize the licensee to
transfer the material covered by such license to any other person authorized to
receive it by the department, the State Department of Labor, the New York City
Department of Health, the United States Nuclear Regulatory Commission or any
agreement state; and
(4) that the
licensee shall notify the department by letter within 30 days if an authorized
user, radiation safety officer or radiation therapy physicist permanently
discontinues performance of duties under the license; and
(5)
(i)
that each licensee shall notify the department in writing immediately following
the filing of a voluntary or involuntary petition for bankruptcy under any
chapter of Title 11 (Bankruptcy) of the United States Code by or against:
(a) the licensee;
(b) an entity (as that term is defined in
11
U.S.C. 101 [14]) (see section
16.200
of this Part) controlling the licensee or listing the license or licensee as
property of the estate; or
(c) an
affiliate (as that term is defined in
11
U.S.C. 101 [2]) (see section
16.200
of this Part) of the licensee;
(ii) this notification must indicate:
(a) the bankruptcy court in which the
petition for bankruptcy was filed; and
(b) the date of the filing of the
petition;
(6)
that any license covering the use of special nuclear material in the course of
which licensed use additional special nuclear material is produced, shall be
deemed to cover any such special nuclear material so produced; provided,
however, that the total quantity of special nuclear material possessed by the
licensee is not sufficient to form a critical mass.
(b) The department may at any time set forth in any license or incorporate by reference therein, additional conditions, restrictions or requirements applicable to the licensee's transfer, receipt, possession or use of the radioactive material covered by such license in order to protect the public health and safety and to minimize danger to life and property from radiation hazards.
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