Ohio Administrative Code
Title 3701:1 - Radiation Control
Chapter 3701:1-37 - Physical Protection of Category One and Category Two Quantities of Radioactive Material
Section 3701:1-37-09 - Background investigations
Universal Citation: OH Admin Code 3701:1-37-09
Current through all regulations passed and filed through March 18, 2024
(A) Initial investigation: before allowing an individual unescorted access to category one or category two quantities of radioactive material or to the devices that contain the material, licensees shall complete a background investigation of the individual seeking unescorted access authorization. The scope of the investigation must encompass at least the seven years preceding the date of the background investigation or since the individual's eighteenth birthday, whichever is shorter. The background investigation must include at a minimum:
(1)
Fingerprinting and an FBI identification and criminal history records check in
accordance with rule
3701:1-37-10
of the Administrative Code;
(2)
Verification of true identity: licensees shall verify the true identity of the
individual who is applying for unescorted access authorization to ensure that
the applicant is who he or she claims to be. A licensee shall review official
identification documents (e.g., driver's license; passport; government
identification; certificate of birth issued by the state, province, or country
of birth) and compare the documents to personal information data provided by
the individual to identify any discrepancy in the information. Licensees shall
document the type, expiration, and identification number of the identification
document, or maintain a photocopy of identifying documents on file in
accordance with rule
3701:1-37-12
of the Administrative Code. Licensees shall certify in writing that the
identification was properly reviewed, and shall maintain the certification and
all related documents for review upon inspection;
(3) Employment history verification:
licensees shall complete an employment history verification, including military
history. Licensees shall verify the individual's employment with each previous
employer for the most recent seven years before the date of
application;
(4) Verification of
education: licensees shall verify that the individual participated in the
education process during the claimed period;
(5) Character and reputation determination:
licensees shall complete reference checks to determine the character and
reputation of the individual who has applied for unescorted access
authorization. Unless other references are not available, reference checks may
not be conducted with any person who is known to be a close member of the
individual's family, including but not limited to the individual's spouse,
parents, siblings, or children, or any individual who resides in the
individual's permanent household. Reference checks under
rules
3701:1-37-07
to
3701:1-37-13
of the Administrative Code must be limited to whether the individual has
been and continues to be trustworthy and reliable;
(6) The licensee shall also, to the extent
possible, obtain independent information to corroborate that information
provided by the individual (e.g., seek references not supplied by the
individual); and
(7) If a previous
employer, educational institution, or any other entity with which the
individual claims to have been engaged fails to provide information or
indicates an inability or unwillingness to provide information within a time
frame deemed appropriate by the licensee but at least after ten business days
of the request or if the licensee is unable to reach the entity, the licensee
shall document the refusal, unwillingness, or inability in the record of
investigation; and attempt to obtain the information from an alternate
source.
(B) Grandfathering:
(1) Individuals who have been
determined to be trustworthy and reliable for unescorted access to category one
or category two quantities of radioactive material under the fingerprint orders
may continue to have unescorted access to category one and category two
quantities of radioactive material without further investigation. These
individuals shall be subject to the reinvestigation requirement.
(2) Individuals who have been determined to
be trustworthy and reliable under the provisions of 10 CFR 73(in effect on the effective
date of this rule), or the security orders for access to safeguards
information, safeguards information-modified handling, or risk-significant
material may have unescorted access to category one and category two quantities
of radioactive material without further investigation. The licensee shall
document that the individual was determined to be trustworthy and reliable
under the provisions of 10 CFR 73 or a security order. Security order, in this
context, refers to any order that was issued by the U.S. nuclear regulatory
commission that required fingerprints and a FBI criminal history records check
for access to safeguards information, safeguards information-modified handling,
or risk significant material such as special nuclear material or large
quantities of uranium hexafluoride. These individuals shall be subject to the
reinvestigation requirement.
(C) Reinvestigations: licensees shall conduct a reinvestigation every ten years for any individual with unescorted access to category one or category two quantities of radioactive material. The reinvestigation shall consist of fingerprinting and a FBI identification and criminal history records check in accordance with rule 3701:1-37-10 of the Administrative Code. The reinvestigations must be completed within ten years of the date on which these elements were last completed.
Disclaimer: These regulations may not be the most recent version. Ohio 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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