Idaho State Statutes - Idaho Attorney Directory

RULES -- LICENSING REQUIREMENTS AND PROCEDURE -- REGISTRATION OF
SOURCES OF RADIATION -- EXEMPTIONS FROM REGISTRATION OR LICENSING. (1) The
board of environmental quality shall provide by rule for general or specific
licensing of byproduct, source, special nuclear materials, or devices or
equipment utilizing such materials, or other radioactive material occurring
naturally or produced artificially. Such rule shall provide for amendment,
suspension, or revocation of licenses. Such rule shall provide that:
(a) Each application for a specific license shall be in writing and shall
state such information as the board, by rule, may determine to be
necessary to decide the technical, insurance, and financial
qualifications, or any other qualification of the applicant as the agency
may deem reasonable and necessary to protect the occupational and public
health and safety. The agency may at any time after the filing of the
application, and before the expiration of the license, require further
written statements and shall make such inspections as the agency deems
necessary in order to determine whether the license should be granted or
denied or whether the license should be modified, suspended, or revoked.
In no event shall the agency grant a specific license to any applicant who
has never possessed a specific license issued by a recognized state or
federal authority until the agency has conducted an inspection or review
which insures that the applicant can meet the rules and standards adopted
pursuant to this act. All applications and statements shall be signed by
the applicant or licensee. The agency may require any applications or
statements to be made under oath or affirmation;
(b) Each license shall be in such form and contain such terms and
conditions as the board may by rule prescribe;
(c) No license issued under the authority of this act and no right to
process or utilize sources of radiation granted by any license shall be
assigned or in any manner disposed of; and
(d) The terms and conditions of all licenses shall be subject to
amendment, revision, or modification by rules or orders issued in
accordance with the provisions of this act.
(2) The board of environmental quality may require licensing of those
persons installing or repairing sources of radiation which the board has
determined to present a potential hazard to the occupational and public health
and safety. Such licensing requirements shall provide that:
(a) Each application for a license shall be in writing and shall state
such information as the board, by rule, may determine to be necessary to
decide the technical, insurance, and financial qualifications, or any
other qualification of the applicant as the agency may deem reasonable and
necessary. The agency may at any time after the filing of the application,
and before the expiration of the license, require further written
statements and shall make such inspections as the agency deems necessary
in order to determine whether the license should be granted or denied or
whether the license should be modified, suspended, or revoked. All
applications and statements shall be signed by the applicant or licensee.
The agency may require any applications or statements to be made under
oath or affirmation;
(b) Each license shall be in such form and contain such terms and
conditions as the board of environmental quality may by rule prescribe;
(c) No license issued under the authority of this act and no right to
possess or utilize sources of radiation granted by any license shall be
assigned or in any manner disposed of; and
(d) The terms and conditions of all licenses shall be subject to
amendment, revision, or modification by rules or orders issued in
accordance with the provisions of this act.
(3) The board of environmental quality may require registration of all
sources of ionizing radiation and other sources of radiation which the agency
has determined to present a potential hazard to the occupational and public
health and safety.
(4) The board of environmental quality may exempt certain sources of
ionizing radiation or kinds of uses or users from the registration or
licensing requirements set forth in this section when the agency makes a
finding, with advice of the nuclear energy commission, that the exemption of
such sources of ionizing radiation or kinds of uses or users will not
constitute a significant risk to the health and safety of the public.
(5) In promulgating rules pursuant to this act the board of environmental
quality shall, insofar as practical, strive to avoid requiring dual licensing,
and shall provide for such recognition of other state or federal licenses as
the agency shall deem desirable, subject to such registration requirements as
the board of environmental quality may prescribe.

Click here to visit the Official Idaho State Statutes