6 Colo. Code Regs. § 1007-1-2.9

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1007-1-2.9 - Department Review of Performance

2.9.1 The Department as appropriate shall:

2.9.1.1 Notify the registrant or person operating a radiation machine, as appropriate, regarding inadequate action on any item of violation;

2.9.1.2 Determine a schedule for correction of each violation and specifying a date by which compliance must be achieved;

2.9.1.3 Confirm and verify by inspection a corrective action by a registrant or person operating a radiation machine, as appropriate, to assure compliance with these regulations; and

2.9.1.4 Assess a non-routine inspection fee provided in Part 12, at the programmatic hourly rate, for the inspection of a radiation machine system or facility, if:

(1) The registrant or person operating a radiation machine, as appropriate, fails to fulfill the requirements of these Regulations; or

(2) Any item of violation has not been corrected in accordance with the compliance schedule established in 2.9.1.2.

2.9.2 The Department shall periodically review and audit:

2.9.2.1 The compliance of any person registered under 2.4 with these Regulations;

2.9.2.2 The competency of each service technician in meeting standards and requirements for adequate service company performance;

2.9.2.3 The performance of each qualified inspector, in particular:

(1) Adequacy of inspections;

(2) Competency in determining radiation machine system or facility compliance with these regulations; and

(3) Completeness and accuracy of findings on Form R 59-1 or R 59-2;

2.9.2.4 The performance of each qualified expert and/or registered medical physicist, in particular:

(1) Adequacy of shielding design reports; and

(2) Competency in performing activities in accordance with these regulations.

2.9.3 The Department shall notify the registrant of any failure to meet a performance standard or requirement of the regulations that is identified as a result of the review or audit.

2.9.4 The Department shall determine a schedule for actions required, specifying the date by which adequacy or competency shall be demonstrated.

2.9.5 For any failure to demonstrate adequacy or competency in accordance with the compliance schedule established in 2.9.4, the Department will assess a non-routine inspection fee at the programmatic hourly rate for Department effort to enforce compliance with a performance standard or requirement of the regulations.

2.9.6 The Department may deny, withdraw, limit or qualify its approval of any person to perform activities upon determining that such action is necessary in order to prevent undue hazard to health and safety, or for other reasonable cause.

2.9.7 A registrant that fails to comply with these regulations including 2.4.5 and 2.4.6 shall be subject to revocation as provided in 2.10.

6 CCR 1007-1-2.9

Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/2014

38 CR 02, January 25, 2015, effective 2/14/2015

38 CR 05, March 10, 2015, effective 3/30/2015

38 CR 12, June 25, 2015, effective 7/15/2015

38 CR 14, July 25, 2015, effective 8/14/2015

39 CR 02, January 25, 2016, effective 2/14/2016

39 CR 16, August 25, 2016, effective 9/14/2016

39 CR 22, November 25, 2016, effective 12/15/2016

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 20, October 25, 2017, effective 11/14/2017

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 14, July 25, 2020, effective 8/14/2020

43 CR 18, September 25, 2020, effective 10/15/2020

44 CR 11, June 10, 2021, effective 7/15/2021

44 CR 14, July 25, 2021, effective 8/14/2021

45 CR 22, November 25, 2022, effective 12/15/2022