Current through all regulations passed and filed through March 18, 2024
(A) Each person who
receives source or byproduct material pursuant to a license issued pursuant to
the rules under Chapter 3701:1-44 of the Administrative Code shall keep records
showing the receipt, transfer, and disposal of this source or byproduct
material as follows:
(1) The licensee shall
retain each record of receipt of source or byproduct material as long as the
material is possessed and for three years following transfer or disposition of
the source or byproduct material.
(2) The licensee who transferred the material
shall retain each record of transfer of source or byproduct material until the
director terminates each license that authorizes the
activity that is subject to the recordkeeping requirement.
(3) The licensee shall retain each record of
disposal of source or byproduct material until the director
terminates each license that authorizes the activity that is subject to the
recordkeeping requirement.
(4) If
source or byproduct material is combined or mixed with other licensed material
and subsequently treated in a manner that makes direct correlation of a receipt
record with a transfer, export, or disposition record impossible, the licensee
may use evaluative techniques (such as first-in-first-out), to make the records
that are required by Chapter 3701:1-44 of the Administrative Code account for
one hundred per cent of the material received.
(B) The licensee shall retain each record
that is required by the rules in Chapter 3701:1-44 of the Administrative Code
or by license condition for the period specified by the appropriate rule or
license condition. If a retention period is not otherwise specified by rule or
license condition, each record must be maintained until the
director terminates the license that authorizes the
activity that is subject to the recordkeeping requirement.
(C)
(1)
Records which must be maintained pursuant to Chapter 3701:1-44 of the
Administrative Code may be the original or reproduced copy or microform if the
reproduced copy or microform is duly authenticated by authorized personnel and
the microform is capable of producing a clear and legible copy after storage
for the period specified by Chapter 3748. of the Revised Code and rules
promulgated thereunder. The record may also be stored in electronic media with
the capability for producing legible, accurate, and complete records during the
required retention period. Records such as letters, drawings, and
specifications must include all pertinent information such as stamps, initials,
and signatures. The licensee shall maintain adequate safeguards against
tampering with and loss of records.
(2) If there is a conflict between the rules
in Chapter 3701:1-44 of the Administrative Code, license condition, or other
written director's approval or authorization pertaining to the
retention period for the same type of record, the retention period specified in
the rules in Chapter 3701:1-44 of the Administrative Code for such records
shall apply unless the director, pursuant to rule
3701:1-44-10
of the Administrative Code, has granted a specific exemption from the record
retention requirements specified in the rules in Chapter 3701:1-44 of the
Administrative Code.
(D)
Prior to license termination, each licensee authorized to possess source
material, in an unsealed form, shall forward the following records to the
director:
(1)
Records of disposal of licensed material made under paragraphs (C) (including
burials authorized before January 28, 1981), (D), (F), and (G) of rule
3701:1-38-19 of
the Administrative Code; and
(2)
Records required by paragraph (D)(4) of rule
3701:1-38-20 of the
Administrative Code.
(E) If licensed activities are transferred or
assigned in accordance with paragraph (B) of rule
3701:1-44-19
of the Administrative Code, each licensee authorized to possess source
material, in an unsealed form, shall transfer the following records to the new
licensee and the new licensee will be responsible for maintaining these records
until the license is terminated:
(1) Records
of disposal of licensed material made under paragraphs (C) (including burials
authorized before January 28, 1981), (D), (F), and (G) of rule
3701:1-38-19 of
the Administrative Code; and
(2)
Records required by paragraph (D)(4) of rule
3701:1-38-20 of the
Administrative Code.
(F) Prior to license termination, each
licensee shall forward the records required by paragraph (F) of rule
3701:1-44-18
of the Administrative Code to the director.
Effective: 12/10/2015
Five Year
Review (FYR) Dates: 09/24/2015 and
09/15/2020
Promulgated
Under: 119.03
Statutory
Authority: 3748.04
Rule
Amplifies: 3748.04
Prior
Effective Dates: 2/6/2006