| (ii) Each licensee shall name one or more individuals
to be reviewing officials. After completing the background investigation
on the reviewing official, the licensee shall provide to the department
under oath or affirmation, a certification that the reviewing official
is deemed trustworthy and reliable by the licensee. The fingerprints
of the named reviewing official must be taken by a law enforcement
agency, federal or state agencies that provide fingerprinting services
to the public, or commercial fingerprinting services authorized by
a state to take fingerprints. The licensee shall recertify that the
reviewing official is deemed trustworthy and reliable every 10 years
in accordance with paragraph (4)(C) of this subsection.
(iii) Reviewing officials must be permitted to have
unescorted access to category 1 or category 2 quantities of radioactive
materials or access to safeguards information or safeguards information-modified
handling, if the licensee possesses safeguards information or safeguards
information-modified handling.
(iv) Reviewing officials cannot approve other individuals
to act as reviewing officials.
(v) A reviewing official does not need to undergo a
new background investigation before being named by the licensee as
the reviewing official if:
(I) the individual has undergone a background investigation
that included fingerprinting and a Federal Bureau of Investigation
(FBI) criminal history records check and has been determined to be
trustworthy and reliable by the licensee; or
(II) the individual is subject to a category listed
in paragraph (6)(A) of this subsection.
(C) Informed consent.
(i) Licensees may not initiate a background investigation
without the informed and signed consent of the subject individual.
This consent must include authorization to share personal information
with other individuals or organizations as necessary to complete the
background investigation. Before a final adverse determination, the
licensee shall provide the individual with an opportunity to correct
any inaccurate or incomplete information that is developed during
the background investigation. Licensees do not need to obtain signed
consent from those individuals that meet the requirements of paragraph
(4)(B) of this subsection. A signed consent must be obtained before
any reinvestigation.
(ii) The subject individual may withdraw his or her
consent at any time. Licensees shall inform the individual that:
(I) if an individual withdraws his or her consent,
the licensee may not initiate any elements of the background investigation
that were not in progress at the time the individual withdrew his
or her consent; and
(II) the withdrawal of consent for the background investigation
is sufficient cause for denial or termination of unescorted access
authorization.
(D) Personal history disclosure. Any individual who
is applying for unescorted access authorization shall disclose the
personal history information that is required by the licensee's access
authorization program for the reviewing official to make a determination
of the individual's trustworthiness and reliability. Refusal to provide,
or the falsification of, any personal history information required
by paragraph (2), this paragraph, and paragraphs (4) - (8) of this
subsection is sufficient cause for denial or termination of unescorted
access.
(E) Determination basis.
(i) The reviewing official shall determine whether
to permit, deny, unfavorably terminate, maintain, or administratively
withdraw an individual's unescorted access authorization based on
an evaluation of all of the information collected to meet the requirements
of paragraph (2), this paragraph, and paragraphs (4) - (8) of this
subsection.
(ii) The reviewing official may not permit any individual
to have unescorted access until the reviewing official has evaluated
all of the information collected to meet the requirements of paragraph
(2), this paragraph, and paragraphs (4) - (8) of this subsection and
determined that the individual is trustworthy and reliable. The reviewing
official may deny unescorted access to any individual based on information
obtained at any time during the background investigation.
(iii) The licensee shall document the basis for concluding
whether or not there is reasonable assurance that an individual is
trustworthy and reliable.
(iv) The reviewing official may terminate or administratively
withdraw an individual's unescorted access authorization based on
information obtained after the background investigation has been completed
and the individual granted unescorted access authorization.
(v) Licensees shall maintain a list of persons currently
approved for unescorted access authorization. When a licensee determines
that a person no longer requires unescorted access or meets the access
authorization requirement, the licensee shall:
(I) remove the person from the approved list as soon
as possible, but no later than 7 working days; and
(II) take prompt measures to ensure that the individual
is unable to have unescorted access to the material.
(F) Procedures. Licensees shall develop, implement,
and maintain written procedures for implementing the access authorization
program. The procedures must:
(i) include provisions for the notification of individuals
who are denied unescorted access;
(ii) include provisions for the review, at the request
of the affected individual, of a denial or termination of unescorted
access authorization; and
(iii) contain a provision to ensure that the individual
is informed of the grounds for the denial or termination of unescorted
access authorization and allow the individual an opportunity to provide
additional relevant information.
(G) Right to correct and complete information.
(i) Before any final adverse determination, licensees
shall provide each individual subject to paragraph (2), this paragraph,
and paragraphs (4) - (8) of this subsection with the right to complete,
correct, and explain information obtained as a result of the licensee's
background investigation. Confirmation of receipt by the individual
of this notification must be maintained by the licensee for inspection
by the department in accordance with subsection (mm) of this section.
(ii) If, after reviewing his or her criminal history
record, an individual believes that it is incorrect or incomplete
in any respect and wishes to change, correct, update, or explain anything
in the record, the individual may initiate challenge procedures. These
procedures include direct application by the individual challenging
the record to the law enforcement agency that contributed the questioned
information or a direct challenge as to the accuracy or completeness
of any entry on the criminal history record to the Federal Bureau
of Investigation, Criminal Justice Information Services (CJIS) Division,
ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306
as set forth in Title 28, CFR, §§16.30 - 16.34. In the latter
case, the FBI will forward the challenge to the agency that submitted
the data, and will request that the agency verify or correct the challenged
entry. Upon receipt of an official communication directly from the
agency that contributed the original information, the FBI Identification
Division makes any changes necessary in accordance with the information
supplied by that agency. Licensees shall provide at least 10 days
for an individual to initiate action to challenge the results of an
FBI criminal history records check after the record being made available
for his or her review. The licensee may make a final adverse determination
based upon the criminal history records only after receipt of the
FBI's confirmation or correction of the record.
(H) Records. The licensee shall make, maintain, and
retain the following records/documents for inspection by the department
in accordance with subsection (mm) of this section. The licensee shall
maintain superseded versions or portions of the following records/documents
for inspection by the department in accordance with subsection (mm)
of this section:
(i) documentation regarding the trustworthiness and
reliability of individual employees;
(ii) a copy of the current access authorization program
procedures; and
(iii) the current list of persons approved for unescorted
access authorization.
(4) Background investigations.
(A) Initial investigation. Before allowing an individual
unescorted access to category 1 or category 2 quantities of radioactive
material or to the devices that contain the material, licensees shall
complete a background investigation of the individual seeking unescorted
access authorization. The scope of the investigation must encompass
at least the seven years preceding the date of the background investigation
or since the individual's eighteenth birthday, whichever is shorter.
The background investigation must include at a minimum:
Cont'd... |
