Sec. 180-3-017 - SPECIFIC TERMS AND CONDITIONS OF LICENSE

ยง 180-3-017. SPECIFIC TERMS AND CONDITIONS OF LICENSE

This section addresses specific terms and conditions of license.

017.01 APPLICIBILITY. Each license issued according to 180 NAC 3, 5, 7, 12, 14 and 19 will be subject to all the provisions of the Act, now or after in effect, and to all rules, regulations, and orders of the Department.

017.02 LICENSE TRANSFER. To transfer a license, the following requirements apply:

(A) No license issued or granted under 180 NAC 3, 5, 7, 12, 14, and 19 and no right to possess or utilize radioactive material granted by any license issued according to 180 NAC 3, 5, 7, 12, 14, and 19 may be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the Department, after securing full information find that the transfer is according to the provisions of the Act, and gives its consent in writing; and

(B) An application for transfer of license must include:

(i) The identity, technical and financial qualifications of the proposed transferee; and

(ii) Financial assurance for decommissioning information required by 180 NAC 3018.

017.03 LOCATION AND PURPOSES. Each person licensed by the Department according to,180 NAC 3, 5, 7, 12, 14, and 19 must confine use and possession of the material licensed to the locations and purposes authorized in the license.

017.04 NOTIFICATION OF DISCONTINUANCE. Each licensee must notify the Department in writing when the licensee decides to permanently discontinue all activities involving materials under the license. This notification requirement applies to all specific licenses issued under, 180 NAC 3, 5, 7, 12, 14, and 19.

017.05 BANKRUPTCY NOTIFICATION. Each general licensee that is required to register by 180 NAC 3-005 and each specific licensee must 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 by or against:

(A) The licensee;

(B) An entity, as that term is defined in 11 U.S.C. 101(15), set out as Attachment 6 and incorporated by this reference, controlling the licensee or listing the license or licensee as property of the estate; or

(C) An affiliate, as that term is defined in 11 U.S.C. 101(2), set out as Attachment 6 and incorporated by this reference, of the licensee; and

(D) This notification must indicate:

(i) The bankruptcy court in which the petition for bankruptcy was filed; and

(ii) The date of the filing of the petition.

(Amended effective June 15, 2021)

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