N. C. Regulations for Protection Against Radiation

15A NCAC 11 .0338          SPECIFIC TERMS AND CONDITIONS OF LICENSES

(a)  Each license issued pursuant to the rules in this Section shall be subject to all the provisions of the Act, now or hereafter in effect, to all rules adopted pursuant to provisions of the Act and to orders of the agency.

(b)  No license issued or granted pursuant to this Section and no right to possess or utilize radioactive material granted by any license issued pursuant to this Section shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the agency, after securing full information, finds that the transfer is in accordance with the provisions of the Act, and gives its consent in writing.

(c)  Each person licensed by the agency pursuant to this Section shall confine his use and possession of the radioactive material licensed to the locations and purposes authorized in the license.

(d)  Each licensee shall notify the agency in writing immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11 (Bankruptcy) of the United States Code by or against:

(1)           licensee;

(2)           an entity [as that term is defined in 11 U.S.C. 101(14)] controlling the licensee or listing the license or licensee as property of the estate; or

(3)           an affiliate [as that term is defined in 11 U.S.C. 101(2)] of the licensee.

(e)  The notification in Paragraph (d) of this Rule shall indicate:

(1)           the bankruptcy court in which the petition for bankruptcy was filed; and

(2)           the date of the filing of the petition.

(f)  Licensees required to submit emergency plans pursuant to Rule .0352 of this Section shall follow the emergency plan approved by the agency.  The licensees may change the approved plan without agency approval only if the licensee believes the changes do not decrease the effectiveness of the plan and are submitted to the agency no later than 20 calendar days after the changes are made.  The licensee shall furnish the change to affected off‑site response organizations within six months after the change is made.  Proposed changes that the licensee believes are likely to decrease, or may potentially decrease, the effectiveness of the approved emergency plan shall not be implemented without prior application to and prior approval by the agency.

History Note:        Authority G.S. 104E‑7; 104E‑10(b);

Eff. February 1, 1980;

Amended Eff. May 1, 1993; May 1, 1992; June 1, 1989.

NC Radiation Protection, 1645 Mail Service Center,
Raleigh, NC  27699-1645  919-571-4141  Fax  919-571-4148