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is distributed; a responsible agent, by name and/or position and phone
number, of the general licensee to whom the material was sent; and
the type, physical form, and quantity of source material transferred;
and
(-c-) the total quantity of each type and physical
form of source material transferred in the reporting period to all
such generally licensed recipients.
(II) File a report with each responsible agreement
state agency that identifies all persons, operating under §289.251(f)(3)
of this title; Title 10, CFR, §40.22, or equivalent regulations
of any agreement state to whom greater than 50 grams (0.11 lb) of
source material has been transferred within a single calendar quarter.
The report shall include the following information specific to those
transfers made to the agreement state being reported to:
(-a-) the name, address, and license number of the
person who transferred the source material; and
(-b-) the name and address of the general licensee
to whom source material was distributed; a responsible agent, by name
and/or position and phone number, of the general licensee to whom
the material was sent; and the type, physical form, and quantity of
source material transferred; and
(-c-) the total quantity of each type and physical
form of source material transferred in the reporting period to all
such generally licensed recipients within the agreement state.
(III) The following are to be submitted to the department
by January 31 of each year:
(-a-) each report required by subclauses (I) and (II)
of this clause covering all transfers for the previous calendar year;
(-b-) if no transfers were made during the current
period to persons generally licensed in accordance with §289.251(f)(3)
of this title; Title 10, CFR, §40.22; or equivalent regulations
of any agreement state, a report to the department indicating so;
and
(-c-) if no transfers have been made to general licensees
in a particular agreement state during the reporting period, this
information shall be reported to the responsible agreement state upon
request of that agency.
(C) Records.
(i) The licensee shall maintain all information that
supports the reports required by this paragraph concerning each transfer
to a general licensee for inspection by the department in accordance
with subsection (mm) of this section.
(ii) The licensee who transferred the material shall
retain each record of transfer of radioactive material until the department
terminates each license that authorizes the activity that is subject
to the recordkeeping requirement.
(dd) Modification, suspension, and revocation of licenses.
(1) The terms and conditions of all licenses shall
be subject to revision or modification. A license may be modified,
suspended or revoked by reason of amendments to the Act, by reason
of rules in this chapter, or orders issued by the department.
(2) Any license may be revoked, suspended, or modified,
in whole or in part, for any of the following:
(A) any material false statement in the application
or any statement of fact required under provisions of the Act;
(B) conditions revealed by such application or statement
of fact or any report, record, or inspection, or other means that
would warrant the department to refuse to grant a license on an original
application;
(C) violation of, or failure to observe any of the
terms and conditions of the Act, this chapter, the license, or order
of the department; or
(D) existing conditions that constitute a substantial
threat to the public health or safety or the environment.
(3) Each specific license revoked by the department
ends at the end of the day on the date of the department's final determination
to revoke the license, or on the revocation date stated in the determination,
or as otherwise provided by the department order.
(4) Except in cases in which the occupational and public
health or safety requires otherwise, no license shall be suspended
or revoked unless, before the institution of proceedings therefore,
facts or conduct that may warrant such action shall have been called
to the attention of the licensee in writing and the licensee shall
have been afforded an opportunity to demonstrate compliance with all
lawful requirements.
(ee) Reciprocal recognition of licenses.
(1) Subject to this section, any person who holds a
specific license from the NRC or any agreement state, and issued by
the agency having jurisdiction where the licensee maintains an office
for directing the licensed activity and at which radiation safety
records are normally maintained, is granted a general license to conduct
the activities authorized in such licensing document within the State
of Texas provided that:
(A) the licensing document does not limit the activity
authorized by such document to specified installations or locations;
(B) the out-of-state licensee notifies the department
in writing at least three working days before engaging in such activity.
If, for a specific case, the three-working-day period would impose
an undue hardship on the out-of-state licensee, the licensee may,
upon application to the department, obtain permission to proceed sooner.
The department may waive the requirement for filing additional written
notifications during the remainder of the calendar year following
the receipt of the initial notification from a person engaging in
activities in accordance with the general license provided in this
subsection. Such notification shall include:
(i) the exact location, start date, duration, and type
of activity to be conducted;
(ii) the identification of the radioactive material
to be used;
(iii) the name(s) and in-state address(es) of the individual(s)
performing the activity;
(iv) a copy of the applicant's pertinent license;
(v) a copy of the licensee's operating, safety, and
emergency procedures;
(vi) a fee as specified in §289.204 of this title;
and
(vii) a copy of the completed RC Form 252-1 (Business
Information Form);
(C) the out-of-state licensee complies with all applicable
rules of the department and with all the terms and conditions of the
licensee's licensing document, except any such terms and conditions
that may be inconsistent with applicable rules of the department;
(D) the out-of-state licensee supplies such other information
as the department may request;
(E) the out-of-state licensee shall not transfer or
dispose of radioactive material possessed or used in accordance with
the general license provided in this subsection except by transfer
to a person:
(i) specifically licensed by the department, the NRC,
or any agreement state to receive such material, or
(ii) exempt from the requirements for a license for
such material in accordance with §289.251(e)(1) of this title;
and
(F) the out-of-state licensee shall have the following
documents in their possession at all times when conducting work in
Texas, and make them available for department review upon request:
(i) a copy of the department letter granting the licensee
reciprocal recognition of their out-of-state license;
(ii) a copy of the licensee's operating and emergency
procedures;
(iii) a copy of the licensee's radioactive material
license;
(iv) a copy of all applicable sections of 25 TAC, Chapter
289; and
(v) a copy of the completed RC Form 252-3 notifying
the department of the licensee's intent to work in Texas.
(2) In addition to the provisions of paragraph (1)
of this subsection, any person who holds a specific license issued
by the NRC or any agreement state authorizing the holder to manufacture,
transfer, install, or service the device described in §289.251(f)(4)(H)
of this title or in Title 10, CFR, §150.20, within areas subject
to the jurisdiction of the licensing body, is granted a general license
to install, transfer, demonstrate, or service the device in the State
of Texas provided that:
(A) the person files a report with the department within
30 days after the end of each calendar quarter in which any device
is transferred to or installed in the State of Texas. Each report
shall identify by name and address, each general licensee to whom
the device is transferred, the type of device transferred by manufacturer's
name, model and serial number of the device, and serial number of
the sealed source, and the quantity and type of radioactive material
contained in the device;
(B) the device has been manufactured, labeled, installed,
and serviced in accordance with applicable provisions of the specific
license issued to the person by the NRC or any agreement state;
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