10A NCAC 15 .0345         RECIPROCAL RECOGNITION OF LICENSES

(a)  Subject to these Rules, any person who holds a specific license from the U.S. Nuclear Regulatory Commission or an 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 hereby granted a general license to conduct the activities authorized in such licensing document within this state for a period not in excess of 180 days in any calendar year provided that the following requirements are satisfied:

(1)           The licensing document does not limit the activity authorized by such document to specified installations or locations;

(2)           The out‑of‑state licensee notifies the agency in writing at least three days prior to engaging in such activity; such notification shall indicate the location, period, and type of proposed possession and use within the state, and shall be accompanied by a copy of the pertinent licensing document; if, for a specific case, the three day period would impose an undue hardship on the out‑of‑state licensee, including but not limited to adverse impact on the business of the licensee or his customer, he may upon application to the agency, obtain permission to proceed sooner; the agency 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 under the general license provided in this Rule if the agency determines that such written notifications are not necessary to ensure compliance with the rules in this Chapter or to protect the public;

(3)           The out‑of‑state licensee complies with all applicable rules of the agency and with all the terms and conditions of his licensing document, except any such terms and conditions which may be inconsistent with applicable rules of the agency;

(4)           The out‑of‑state licensee supplies such other information as the agency may request; and

(5)           The out‑of‑state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in this Rule except by transfer to a person:

(A)          specifically licensed by the agency or by the U.S. Nuclear Regulatory Commission to receive the material, or

(B)          exempt from the requirements for a license for the material under Rule .0303 of this Section.

(b)  Additional reciprocity is provided in Rule .0310 of this Section.

(c)  The agency may withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by another agency, or any product distributed pursuant to such licensing document, upon determining that the action is necessary in order to prevent undue hazard to public health and safety or property.

History Note:        Authority G.S. 104E‑7; 104E‑10(b);

Eff. February 1, 1980;

Amended Eff. June 1, 1993;

Transferred and Recodified from 15A NCAC 11 .0345 Eff. February 1, 2015.