459.312 - Transfer of material
459.312. Transfer of material
1. A licensee may transfer radioactive material only as authorized in this section.
2. Except as otherwise provided in his or her license and subject to the provisions of subsections 3 and 4, any licensee may transfer radioactive material:
(a) To the Division but only after receiving prior approval from the Division;
(b) To the United States Department of Energy;
(c) To any person exempt from the provisions of NAC 459.180 to 459.313, inclusive, and sections 7 to 27, inclusive to the extent permitted under the exemption;
(d) To any person in an agreement state subject to the jurisdiction of that state who has been exempted from the licensing requirements and regulations of that state, to the extent permitted under such exemptions;
(e) To any person authorized to receive the material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the Division, the Nuclear Regulatory Commission or any agreement state, or to any person otherwise authorized to receive material by the Federal Government or any agency thereof, the Division or any agreement state; or
(f) As otherwise authorized by the Division in writing.
3. Before transferring radioactive material to a specific licensee of the Division, the Nuclear Regulatory Commission, an agreement state, or to a general licensee who is required to register with the Nuclear Regulatory Commission or an agreement state before receipt of the radioactive material, the licensee transferring the material shall verify that the transferee's license authorizes the receipt of the type, form and quantity of radioactive material to be transferred.
4. The following methods for the verification required by subsection 3 are acceptable:
(a) The transferor may have in his or her possession, and read, a current copy of the transferee's specific license or registration certificate;
(b) The transferor may have in his or her possession a written certification by the transferee that he or she 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;
(c) For emergency shipments, the transferor may accept oral certification confirmed in writing within 10 days by the transferee that he or she 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;
(d) The transferor may obtain other sources of information compiled by a reporting service from official records of the Division, the Nuclear Regulatory Commission or the licensing agency of an agreement state as to the identity of licensees and the scope and expiration dates of licenses and registration; or
(e) When none of the methods of verification described in paragraphs (a) to (d), inclusive, 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 Division, the Nuclear Regulatory Commission or the licensing agency of an agreement state that the transferee is licensed to receive the radioactive material.
Bd. of Health, Radiation Control Reg. §§ 3.5.12-220.127.116.11, eff. 2-28-80-NAC A by R084-98, 1-26-99; R149-07, 1-30-2008; A by R144-13A, eff. 10-13-2016
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