Ohio Admin. Code 3701:1-56-04 - Conditions of licenses

(A) Each license shall contain and be subject to the following conditions:

(1) No right to the special nuclear material shall be conferred by the license except as defined by the license;

(2) Neither the license nor any right under the license shall be assigned or otherwise transferred in violation of the provisions of Chapter 3748. of the Revised Code and the rules adopted thereunder; and

(3) The license shall be subject to and the licensee shall observe, all applicable rules, regulations and orders of the department.

(B) Each licensee shall notify the director, in writing, within ten days following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of Title 11 (bankruptcy) of the United States Code (as amended April 20, 2005) by or against:

(1) The licensee;

(2) An entity, defined in this rule as person, estate, trust, governmental unit, and United States trustee, controlling the licensee or listing the license or licensee as property of the estate; or

(3) An affiliate of the license, defined in this rule as an entity that directly or indirectly owns, controls, or holds with power to vote, twenty per cent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities:

(a) In a fiduciary or agency capacity without sole discretionary power to vote such securities; or

(b) Solely to secure a debt, if such entity has not in fact exercised such power to vote.

(C) The director may incorporate in any license such additional conditions and requirements with respect to the licensee's ownership, receipt, possession, use, and transfer of special nuclear material as it deems appropriate or necessary in order to:

(1) Protect health or to minimize danger to life or property; and

(2) Require such reports and the keeping of such records, and to provide for such inspections, of activities under the license as may be necessary or appropriate to effectuate the purposes of the act and regulations thereunder.

Notes

Ohio Admin. Code 3701:1-56-04

Effective: 5/23/2022
Five Year Review (FYR) Dates: 3/8/2022 and 05/23/2027
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003, 10/08/2007, 09/01/2012, 08/26/2016