§ 104E-10. Licensing of by-product, source, and special nuclear materials and other sources of ionizing radiation.
§104E‑10. Licensing of by‑product, source, and special nuclearmaterials and other sources of ionizing radiation.
(a) The Governor, onbehalf of this State, is authorized to enter into agreements with the federalgovernment providing for discontinuance of certain of the responsibilities ofthe federal government with respect to sources of ionizing radiation and theassumption thereof by this State.
(b) Upon the signing ofan agreement with the Nuclear Regulatory Commission or its successor asprovided in subsection (a) above, the Commission shall provide by rule orregulation for general or specific licensing of persons to use, manufacture,produce, transport, transfer, receive, acquire, own, or possess by‑product,source, or special nuclear materials or devices, installations, or equipmentutilizing such materials. Such rule or regulation shall provide for amendment,suspension, renewal or revocation of licenses. Each application for a specificlicense shall be in writing on forms prescribed by the Commission and furnishedby the Department and shall state, and be accompanied by, such information ordocuments, including, but not limited to plans, specifications and reports fornew construction or material alterations as the Commission may determine to be reasonableand necessary to decide the qualifications of the applicant to protect thepublic health and safety. The Commission may require all applications orstatements to be made under oath or affirmation. Each license shall be in suchform and contain such terms and conditions as the Commission may deemnecessary. No license issued under the authority of this Chapter and no rightto possess or utilize sources of radiation granted by any license shall beassigned or in any manner disposed of; and the terms and conditions of alllicenses shall be subject to amendment, revision, or modification by rules,regulations, or orders issued in accordance with the provisions of thisChapter.
(c) Any person who, onthe effective date of an agreement under subsection (a) above, possesses alicense issued by the federal government shall be deemed to possess the samepursuant to a license issued under this Chapter, which shall expire either 90days after receipt from the Department of a notice of expiration of such license,or on the date of expiration specified in the federal license, whichever isearlier.
(d) Repealed by SessionLaws 1987, c. 850, s. 6. (1975, c. 718, s. 1; 1979, c. 694, s. 1; 1981, c. 704,s. 11.1; 1987, c. 850, s. 6.)