N.D. Admin. Code 33.1-10-23-24

Current through Supplement No. 394, October, 2024
Section 33.1-10-23-24 - Reciprocal recognition of specific licenses
1. Any person who holds a specific license from another agreement state or licensing state, 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 hereby granted a general license to conduct the activities authorized in such licensing document within North Dakota for a period not in excess of one hundred eighty days in any twelve-month period, provided that:
a. A current copy of the licensing document or equivalent authorization is on file with the department and the authorized activities are not limited to specified installations or locations;
b. The out-of-state licensee notifies the department at least three days before engaging in such activity. Such notification shall indicate the location, period, and type of proposed possession and use within North Dakota. Upon receipt from the out-of-state licensee of a written request containing a schedule of activities to be conducted within North Dakota, the department may waive the requirement for additional notifications during the twelve-month period following the receipt of the initial notification;
c. The out-of-state licensee complies with all applicable rules of the department including sections 33.1-10-23-11 and 33.1-10-23-12 and with all the terms and conditions of the licensing document or equivalent authorization, except any such terms and conditions which may be inconsistent with 33.1-10;
d. The out-of-state licensee supplies any other information necessary to show compliance with 33.1-10; and
e. The out-of-state licensee shall not transfer or dispose of TENORM possessed or used under the general license, except by transfer to a person:
(1) Specifically licensed by the department or by another licensing state to receive such TENORM; or
(2) Exempt from the requirements for a license for such TENORM under section 33.1-10-23-04.
2. The department may withdraw, limit, or qualify its acceptance of any specific license or equivalent authorization issued by a licensing state, or any product distributed pursuant to such license or equivalent authorization, if the department determines that, had the out-of-state licensee been licensed by North Dakota, the licensee's license would have been subject to action under section 33.1-10-23-22.

N.D. Admin Code 33.1-10-23-24

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18