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 3701:1-37-10 - Requirements for criminal history records checks of individuals granted unescorted access to category one or category two quantities of radioactive material
Universal Citation: OH Admin Code 3701:1-37-10
Current through all regulations passed and filed through March 18, 2024
(A) General performance objectives and requirements:
(1) Except for those
individuals listed in rule
3701:1-37-11 of the
Administrative Code and those individuals grandfathered under paragraph (B) of
rule 3701:1-37-09 of the
Administrative Code, each licensee subject to the provisions of rules
3701:1-37-07 to
3701:1-37-13 of the
Administrative Code shall fingerprint each individual who is to be permitted
unescorted access to category one or category two quantities of radioactive
material. Licensees shall transmit all collected fingerprints to the U. S.
nuclear regulatory commission for transmission to the FBI. The licensee shall
use the information received from the FBI as part of the required background
investigation to determine whether to grant or deny further unescorted access
to category one or category two quantities of radioactive materials for that
individual.
(2) The licensee shall
notify each affected individual that his or her fingerprints will be used to
secure a review of his or her criminal history record, and shall inform him or
her of the procedures for revising the record or adding explanations to the
record.
(3) Fingerprinting is not
required if a licensee is reinstating an individual's unescorted access
authorization to category one or category two quantities of radioactive
materials if:
(a) The individual returns to
the same facility that granted unescorted access authorization within three
hundred sixty-five days of the termination of his or her unescorted access
authorization; and
(b) The previous
access was terminated under favorable conditions.
(4) Fingerprints do not need to be taken if
an individual who is an employee of a licensee, contractor, manufacturer, or
supplier has been granted unescorted access to category one or category two
quantities of radioactive material, access to safeguards information, or
safeguards information-modified handling by another licensee, based upon a
background investigation conducted under rules
3701:1-37-07 to
3701:1-37-13 of the
Administrative Code, the fingerprint orders, or
10 CFR
73 (in effect on the effective date of this
rule). An existing criminal history records check file may be transferred to
the licensee asked to grant unescorted access in accordance with the provisions
of paragraph (C) of rule
3701:1-37-12 of the
Administrative Code.
(5) Licensees
shall use the information obtained as part of a criminal history records check
solely for the purpose of determining an individual's suitability for
unescorted access authorization to category one or category two quantities of
radioactive materials, access to safeguards information, or safeguards
information-modified handling.
(B) Prohibitions:
(1) Licensees may not base a final
determination to deny an individual unescorted access authorization to category
one or category two quantities of radioactive material solely on the basis of
information received from the FBI involving:
(a) An arrest more than one year old for
which there is no information of the disposition of the case; or
(b) An arrest that resulted in dismissal of
the charge or an acquittal.
(2) Licensees may not use information
received from a criminal history records check obtained under rules
3701:1-37-07 to
3701:1-37-13 of the
Administrative Code in a manner that would infringe upon the rights of any
individual under the first amendment to the Constitution of the United States,
nor shall licensees use the information in any way that would discriminate
among individuals on the basis of race, religion, national origin, gender, or
age.
(C) Procedures for processing of fingerprint checks:
(1) For the
purpose of complying with rules
3701:1-37-07 to
3701:1-37-13 of the
Administrative Code, licensees shall submit to the "U.S. Nuclear Regulatory
Commission, Director, Division of
Physical and Cyber Security
Policy, 11545 Rockville Pike, ATTN: Criminal History Program/Mail Stop
T-07D04M, Rockville, Maryland 20852," one completed,
legible standard fingerprint card (form FD-258, ORIMDNRCOOOZ), electronic
fingerprint scan or, where practicable, other fingerprint record for each
individual requiring unescorted access to category one or category two
quantities of radioactive material. Copies of these forms may be obtained by
emailing "MAILSVS.Resource@nrc.gov." Guidance on
submitting electronic fingerprints can be found at
https://www.nrc.gov/security/chp.html.
(2) Fees for the processing of fingerprint
checks are due upon application. Licensees shall submit payment with the
application for the processing of fingerprints through corporate check,
certified check, cashier's check, money order, or electronic payment, made
payable to "U.S. NRC." For guidance on
making electronic payments, contact the "
Division of Physical and Cyber Security Policy by
emailing Crimhist.Resource@nrc.gov." Combined payment for multiple
applications is acceptable. The U.S. nuclear regulatory commission publishes
the amount of the fingerprint check application fee on the NRC public web site.
To find the current fee amount, go to the
"Licensee Criminal History Records Checks &
Firearms Background Check" information page at
https://www.nrc.gov/security/chp.html
and see the link for
"How do
I determine how much to pay for the request?"
(3) The U. S. nuclear regulatory commission
will forward to the submitting licensee all data received from the FBI as a
result of the licensee's application(s) for criminal history records
checks.
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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