§ 31-13-1. Short Title
This chapter shall be known and may be cited as the “Georgia Radiation Control Act.” History. Code 1933, § 88-1301, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1990, p. 711, § 1.
§ 31-13-10. Suspension, Revocation, and Amendment of License or Registration; Emergency Orders; Review
The Department of Natural Resources may refuse to grant a license as provided in Code Section 31-13-8 or 31-13-8.1 and the Department of Community Health may refuse to register radiation generating equipment as provided in Code Section 31-13-8.2 to any applicant who does not possess the applicable requirements or qualifications which the Department of Natural […]
§ 31-13-11. Impounding and Condemnation of Radiation Generating Equipment and Radioactive Materials
In the event of an emergency, the Department of Community Health shall have the authority to impound or order the impounding of radiation generating equipment in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued pursuant to this […]
§ 31-13-12. License Required
It shall be unlawful for any person to use, manufacture, assemble, distribute, produce, transport, receive, acquire, own, or possess any source of radiation required to be licensed or registered under this chapter unless licensed by or registered with the Department of Natural Resources or the Department of Community Health, respectively, in accordance with this chapter […]
§ 31-13-13. Penalties
Any person who violates the provisions of Code Section 31-13-7 or any rule or regulation promulgated pursuant to such Code section, or who violates the provisions of Code Section 31-13-12, or who hinders, obstructs, or otherwise interferes with any representative of the Department of Community Health or the Department of Natural Resources in the discharge […]
§ 31-13-14. Inspections and Investigations
The director or his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to the handling of radioactive materials in the state. History. Code 1981, § 31-13-14 , enacted by Ga. L. 1990, p. 711, § […]
§ 31-13-15. Investigation of Apparent Violations; Initiation of Legal Proceedings
The director shall have the authority to investigate any apparent violation of this chapter and to take any action authorized under this chapter as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this chapter. History. Code 1981, § 31-13-15 , enacted by Ga. L. 1990, p. 711, […]
§ 31-13-16. Authorization to Remedy Violation by Conference, Conciliation, or Persuasion; Order to Undertake Corrective Action
Whenever the director has reason to believe that a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or […]
§ 31-13-17. Declaration of Existence of Emergency
Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order […]
§ 31-13-18. Hearing on Order or Notice of Action
Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the director, such person may request and obtain a hearing by filing a petition with the director within 30 days after service of the order or notice of action. Such hearing and any other hearing under this […]
§ 31-13-19. Judicial Review
Any person who has exhausted all administrative remedies available before the director and who is aggrieved by a final order or action in a contested case is entitled to judicial review under this chapter. In this connection, all proceedings for judicial review shall be conducted in accordance with subsections (b) through (h) of Code Section […]
§ 31-13-2. Declaration of Policy
It is the policy of this state, in furtherance of its responsibility to protect the environment and the public health and safety of its citizens and, to the extent authorized under Article VI, Section 2 of the Constitution of the United States: To institute and maintain programs to allow development and utilization of sources of […]
§ 31-13-20. Filing Certified Copy of Unappealed Final Order or Affirmed Order
The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified […]
§ 31-13-21. Temporary or Permanent Injunction; Restraining Order
Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this chapter, the director may apply to the superior court of the county where such person resides or, if such person is a nonresident of […]
§ 31-13-22. Representation of Director in Actions
It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter. History. Code 1981, § 31-13-22 , enacted by Ga. L. 1990, p. 711, § 1. Code Commission notes. Pursuant to Code Section 28-9-5, in 1990, this Code section, which was inadvertently […]
§ 31-13-23. Transfer of Powers and Duties Between Department of Natural Resources and Department of Community Health
The Governor shall have the authority to transfer powers and duties enumerated in this chapter between the Department of Natural Resources and the Department of Community Health as he deems appropriate by executive order. History. Code 1981, § 31-13-23 , enacted by Ga. L. 1990, p. 711, § 1; Ga. L. 2009, p. 453, § […]
§ 31-13-24. Effect on Proceedings Commenced Before April 4, 1990; Continuation of Federal Aid to Agency Receiving Transfer of Functions
This chapter shall not affect the validity of any judicial or administrative proceeding pending or which was commenced before April 4, 1990, and any successor department shall be substituted as the proper party at interest. Furthermore, upon the transfer of any function under this chapter, the agency assuming the transfer and performing the function in […]
§ 31-13-25. Rules, Regulations, Agreements, and Contracts Formerly Under Department of Human Resources (Now Known as the Department of Community Health for These Purposes)
All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources (now known as the Department of Community Health for these purposes) will, by operation of law, be assumed by the Department of Natural Resources on April 4, 1990. History. Code 1981, § […]
§ 31-13-3. Definitions
As used in this chapter, the term: “Accelerator produced radioactive material” means any material made radioactive by a particle accelerator. (1.1) “By-product material” means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (1.2) “Department” means […]
§ 31-13-4. Administration of State-Wide Radiation Control Program for Radiation Generating Equipment
The Department of Community Health is designated the state agency to administer a state-wide radiation control program for radiation generating equipment consistent with this chapter and any environmental laws, rules, regulations, standards, or limitations administered by the Department of Natural Resources. It is declared to be the intent of the General Assembly that no provision […]