410 IAC 5-3-22 - Transfer of material

Authority: IC 16-41-35-26; IC 16-41-35-29

Affected: IC 16-41-35

Sec. 22.

(a) No licensee shall transfer radioactive material except as authorized pursuant to 410 IAC 5-3-22(c).
(b) Except as otherwise provided in his license and subject to the provisions of 410 IAC 5-3-22(c) and (d), any licensee may transfer radioactive material:
(1) To the board;13/
(2) To the U.S. Department of Energy;
(3) To any person exempt from 410 IAC 5-3 to the extent permitted under such exemption;
(4) To any person authorized to receive such material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the board, the U.S. Nuclear Regulatory Commission, any agreement state or any licensing state or to any person otherwise authorized to receive such material by the federal government or any agency thereof, the board, an agreement state or a licensing state; or
(5) As otherwise authorized by the board in writing.

13/ A licensee may transfer material to the board only after receiving prior approval from the board.

(c) Before transferring radioactive material to a specific licensee of the board, the U.S. Nuclear Regulatory Commission, an agreement state or a licensing state, or to a general licensee who is required to register with the board, the U.S. Nuclear Regulatory Commission, an agreement state or a licensing state prior to receipt of the radioactive material, the licensee transferring the material shall verify that the transferree's [sic.] license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred.
(d) Any of the following methods for the verification required by 410 IAC 5-3-22(c) is acceptable:
(1) The transferor may possess and read a current copy of the transferee's specific license or registration certificate;
(2) The transferor may possess a written certification that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date;
(3) For emergency shipments the transferor may accept oral certification by the transferee that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date; provided, that the oral certification is confirmed in writing within 10 days;
(4) The transferor may obtain other information compiled by a reporting service from official records of the board, the U.S. Nuclear Regulatory Commission, an agreement state or a licensing state regarding the identity of licensees and the scope and expiration dates of licenses and registration; or
(5) When none of the methods of verification described in 410 IAC 5-3-22(d)(1) to (4) are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the board, the U.S. Nuclear Regulatory Commission, or an agreement state or a licensing state that the transferee is licensed to receive the radioactive material.
(e) Shipment and transport of radioactive material shall be in accordance with the provisions of 410 IAC 5-3-25.

Notes

410 IAC 5-3-22
Indiana State Department of Health; Rule HRH-2,PT C,Sec C.40; filed May 26, 1978, 3:30 pm: 1 IR 163; filed Feb 29, 1984, 10:10 am: 7 IR 876; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA Readopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA

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