459.210 - Reciprocal recognition of licenses

459.210. Reciprocal recognition of licenses

1. Subject to the provisions of NAC 459.010 to 459.950, inclusive, and sections 4 to 28, inclusive,, a person who holds a specific license from the Nuclear Regulatory Commission or an agreement state issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained is hereby granted a general license to conduct within this State the activities authorized in the specific license for a period not in excess of 180 days in any calendar year provided that:

(a) The specific license does not limit the activity authorized by the specific license to specified installations or locations.

(b) The out-of-state licensee notifies the Division in writing at least 3 business days before engaging in the proposed activity and receives written permission from the Division to proceed with the proposed activity. The notification must indicate the location, period and type of proposed possession and use within the State, and must be accompanied by a copy of the specific license. If, for a specific case, the 3-day period would impose an undue hardship on the out-of-state licensee, he or she may apply to the Division and obtain written permission to proceed sooner. The Division may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license.

(c) The out-of-state licensee complies with all applicable regulations of the Division and with all the terms and conditions of his or her specific license, except any terms and conditions which may be inconsistent with applicable regulations of the Division.

(d) The out-of-state licensee supplies such other information as the Division may request.

(e) The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in this section except by transfer to a person:

(1) Specifically licensed by the Division or by the Nuclear Regulatory Commission to receive such material; or

(2) Exempt from the requirements for a license for such material pursuant to NAC 459.184.

2. A licensee must determine the jurisdiction of a temporary job site at a federal facility before radioactive materials may be used at the temporary job site. If the jurisdiction is unknown, the licensee must contact the federal agency to determine whether the job site is under exclusive federal jurisdiction. The jurisdiction of the job site must be obtained in writing from the federal agency, or the name and title of the person at the federal agency who provided the determination must be recorded along with the date of the determination.

3. Before a licensee may use radioactive material at a temporary job site in another state or at a federal facility, the licensee must obtain authorization, if the job site is:

(a) In another state, from:

(1) That state, if that state is an agreement state; or

(2) The Nuclear Regulatory Commission, by filing for reciprocity or a specific license, if the state is not an agreement state or the job site is within an area of exclusive federal jurisdiction.

(b) At a federal facility, from the Nuclear Regulatory Commission by:

(1) Filing an NRC Form 241 in accordance with 10 C.F.R. § 150.20(b); or

(2) Filing for a specific license.

4. Any person who holds a specific license issued by the Nuclear Regulatory Commission or an agreement state authorizing the holder to manufacture, transfer, install or maintain a device described in NAC 459.216 within areas subject to the jurisdiction of the licensing body is hereby granted a general license to install, transfer, demonstrate or maintain such a device in this State provided that:

(a) The person shall file a report with the Division within 30 days after the end of each calendar quarter in which any such device is transferred to or installed in this State. Each such report must identify each general licensee to whom the device is transferred by name and address, the type of device transferred and the quantity and type of radioactive material contained in the device;

(b) The device has been manufactured, labeled, installed and maintained in accordance with applicable provisions of the specific license issued to the person by the Nuclear Regulatory Commission or an agreement state;

(c) The person must ensure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that: "Removal of this label is prohibited"; and

(d) The holder of the specific license must furnish to each general licensee to whom he or she transfers the device or on whose premises he or she installs such device a copy of the general license contained in NAC 459.216.

5. The Division may withdraw, limit or qualify its acceptance of any specific license or equivalent licensing document issued by another agency, or any product distributed pursuant to the licensing document, upon determining that such action is necessary in order to prevent undue hazard to public health and safety or property.

Bd. of Health, Radiation Control Reg. §§ 3.6-, eff. 2-28-80-NAC A by R084-98, 1-26-99; A by Dep't of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R149-07, 1-30-2008; R185-08, 5-7-2010; A by R144-13A, eff. 10-13-2016

NRS 459.201

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