§ 23-1.3-1. Definitions. When used in this chapter: (1) “Artificially produced radioactive material” means any radioactive material other than by-product material, special nuclear material, and source material which is produced by any unnatural process such as through the bombardment of material with high energy atomic particles. (2) “By-product material” means any radioactive material except special […]
§ 23-1.3-10. Injunctive relief. A civil action may be instituted in superior court on behalf of the agency for injunctive relief to prevent the violation of the provisions of this chapter or codes, rules, or regulations promulgated under the provisions of this chapter, and the court may proceed in the action in a summary manner […]
§ 23-1.3-11. Prohibited uses and services. It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own, possess, or dispose of any radiation source unless licensed by or registered with the administrator when that licensing or registration is required in accordance with the provisions of this chapter and the rules […]
§ 23-1.3-12. Penalty. Any person who violates any of the provisions of this chapter or rule or regulation of the agency or who violates any order of the agency promulgated pursuant to this chapter shall be guilty of a misdemeanor, and in addition may be enjoined from continuing the violation. Each day any person neglects […]
§ 23-1.3-13. Radiation advisory commission. There is created an advisory commission to be known as the state radiation advisory commission which shall consist of eleven (11) members. The commission membership shall at all times be limited to members having special expertise in radiation protection and radiological health. One member shall be a representative of the […]
§ 23-1.3-14. Organization. The director of health shall appoint a chairperson from among members of the advisory commission. The commission shall hold meetings on the call of the chairperson or director and all commission meetings and records of those meetings shall be open to the public. History of Section.P.L. 1976, ch. 195, § 1.
§ 23-1.3-15. Duties. The commission shall: (1) Review and evaluate policies and programs of the state relating to radiation and advise the agency of its opinions and findings; (2) Make recommendations to the governor, the director of health and the agency administrator and furnish any technical advice that may be required on matters relating to […]
§ 23-1.3-16. Existing remedies unimpaired. No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule, or regulation promulgated under the provisions of this chapter shall be excluded or impaired by this chapter. History of Section.P.L. 1976, ch. 195, § 1.
§ 23-1.3-17. Protection of department of health powers. The powers and functions vested in the department of health under the provisions of this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department of health under any other provisions of law. History of Section.P.L. 1976, ch. […]
§ 23-1.3-18. Conflicting laws. This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary to other laws, except to the extent that they are in direct conflict with this chapter. Nothing in […]
§ 23-1.3-19. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to […]
§ 23-1.3-2. State radiation control agency. (a) The director of health shall designate a unit within the department of health as the state radiation control agency. (b) The director of health shall appoint a director of the agency, referred to as the administrator, who shall perform functions vested in the agency pursuant to the provisions […]
§ 23-1.3-3. Transportation or use of radiation sources. All radiation sources shall be shielded, transported, handled, used, kept, and disposed of in a manner as to prevent all users of radiation sources and all persons within effective range of radiation sources from being exposed to unnecessary radiation. History of Section.P.L. 1976, ch. 195, § 1.
§ 23-1.3-4. Inspection and right of entry. The administrator or his or her duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violations of the provisions of this chapter and rules and […]
§ 23-1.3-5. Licensing and registration of radiation sources. (a) The agency shall provide by rule or regulation for general or specific licensing of by-product, source, special nuclear materials, artificially produced radioactive material, and naturally occurring radioactive material, or devices or equipment utilizing those materials. The rule or regulation shall provide for amendment, suspension, or revocation […]
§ 23-1.3-6. Records. (a) The administrator may require each person who possesses or uses a radiation source or who is licensed by or registered with the radiation control agency to maintain records relating to the receipt, storage, transfer, or disposal of radiation sources and any other records as he or she may require subject to […]
§ 23-1.3-7. Federal-state agreements. (a) In accordance with the provisions of chapter 27 of title 42, the governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to radiation sources and the assumption of those responsibilities by […]
§ 23-1.3-8. Notification of violation and order of abatement. Whenever the administrator or his or her authorized representative finds upon inspection and examination of a radiation source as constructed, operated, or maintained or through any other authorized means that there has been a violation of any of the provisions of this chapter or any codes, […]
§ 23-1.3-9. Authority of the administrator in cases of emergency. Whenever the administrator finds that an emergency exists requiring immediate action to protect the public health or welfare, he or she may issue an order reciting the existence of the emergency and requiring that action be taken that he or she deems necessary to meet […]
