Sec. 64E-5.213 - Specific Terms and Conditions of License

ยง 64E-5.213. Specific Terms and Conditions of License

(1) Each license issued pursuant to this part shall be subject to all the provisions of the applicable laws, now or hereafter in effect, and to all rules of the Department.

(2) No license issued or granted under this part and no right to possess or utilize radioactive material granted by any license issued pursuant to this part shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control to any person unless the Department, after securing a completed specific license application and application fee from the transferee, has issued a proper license in accordance with the provisions of the Act.

(3)

(a) Each specific or general 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 (U.S.C.) by or against:

1. The licensee;

2. An entity, as that term is defined in 11 U.S.C. 101(14), controlling the licensee or listing the license or licensee as property of the estate; or

3. An affiliate, as that term is defined in 11 U.S.C. 101(2), of the licensee.

(b) This notification shall indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition for bankruptcy.

(4)

(a) Each person licensed by the Department pursuant to this part shall confine use and possession of the material licensed to the locations and purposes authorized in the license.

(b) Each person specifically licensed by the Department shall maintain a fixed facility located within the state of Florida.

(5) A separate license is required for the following:

(a) Each activity as designated by license category in paragraph 64E-5.204(2)(e), F.A.C.

(b) Facilities for which one or more of the following applies:

1. The facilities are not contiguous;

2. The facilities are not under a single radiation safety program; or

3. The facilities are not under the same management.

4. Temporary job sites lasting more than two years.

(c) Each facility operated by an out-of-state licensee under reciprocity as specified in Rule 64E-5.216, F.A.C., and does not meet the definition of a temporary job site.

(d) Each large irradiator as defined in Rule 64E-5.101, F.A.C.

(6) A separate license is not required for temporary job sites lasting less than two years or for each facility that is authorized under a broad scope license.

(7) A licensee shall notify the department in writing within 30 days after a radiation safety officer permanently discontinues performance of radiation safety officer duties.

(8) A licensee shall apply and receive a license amendment or Department approval:

(a) Before using radioactive material for a method or type or use not permitted by the license;

(b) Before permitting anyone to use radioactive material as an authorized user as authorized by the license;

(c) Before changing a radiation safety officer;

(d) Before ordering or receiving radioactive material in excess of the amount authorized on the license;

(e) Before adding to or changing the areas of use or address or addresses of use identified in the application or on the license; and

(f) Before changing statements, representations, and procedures which are incorporated into the license.

(g) Identifying all sources or devices by manufacturer and model number as registered by the sealed source and device registry or for sources or devices not registered by the sealed source and device registry provide the information in subsection 64E-5.210(14), F.A.C.

(New 7-17-85, Amended 4-4-89, 5-12-93, 8-29-94, Formerly 10D-91.314, Amended 5-18-98, 9-28-06, 2-11-10, 12-26-13.)

Rulemaking Authority 404.051, 404.061, 404.141 FS. Law Implemented 404.051(1), (4), 404.061(2), (3), 404.081(1), 404.141 FS.

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