N.M. Admin. Code § 20.3.3.326

Current through Register Vol. 36, No. 1, January 14, 2025

Section 20.3.3.326 - RECORDS

Each person who receives radioactive material pursuant to a license and the regulations in this part and parts 20.3.5 NMAC, 20.3.7 NMAC, 20.3.12 NMAC, 20.3.13 NMAC, 20.3.14 NMAC and 20.3.15 NMAC is subject to the requirements of this section.

A. The licensee shall keep records showing the receipt, transfer and disposal of the radioactive material as follows.

(1) The licensee shall retain each record of receipt of radioactive material as long as the material is possessed and for three years following transfer or disposal of the material.

(2) The licensee who transferred the material shall retain each record of transfer for three years after each transfer unless a specific requirement in another part of the regulations in this chapter dictates otherwise.

(3) The licensee who disposed of the material shall retain each record of disposal of radioactive material until the department terminates each license that authorizes disposal of the material.

B. The licensee shall retain each record required by applicable parts of 20.3 NMAC or by license condition for the period specified by the applicable regulation or license condition. If a retention period is not otherwise specified by regulation or license condition, the record shall be retained until the department terminates each license that authorizes the activity that is subject to the recordkeeping requirement.

C. Records Format and Retention Period.

(1) Records which must be maintained pursuant to 20.3 NMAC may be the original or a reproduced copy or microform if such reproduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by 20.3 NMAC. The record may also be stored in electronic media with the capability for producing legible, accurate and complete records during the required retention period. Records such as letters, drawings, specifications, shall include all pertinent information such as stamps, initials and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.

(2) If there is a conflict between the retention period in 20.3 NMAC, license condition or other written department approval or authorization pertaining to the retention period for the same type of record, the retention period specified in 20.3 NMAC for such records shall apply unless the department, pursuant to Subsection A of 20.3.1.107 NMAC, has granted a specific exemption from the record retention requirements specified in 20.3 NMAC.

D. Prior to license termination, each licensee authorized to possess radioactive material with a half-life greater than 120 days, in an unsealed form, shall forward the following records to the department:

(1) records of disposal of licensed material made under Sections 434 (including burials authorized before January 28, 1981), 435, 436 and 437 of 20.3.4 NMAC; and

(2) records required by Paragraph (4) of Subsection B of 20.3.4.442 NMAC.

E. If licensed activities are transferred or assigned in accordance with Subsection B of 20.3.3.317 NMAC, each licensee authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated:

(1) records of disposal of licensed material made under Sections 434 (including burials authorized before January 28, 1981), 435, 436 and 437 of 20.3.4 NMAC;

(2) records required by Paragraph (4) of Subsection B of 20.3.4.442 NMAC; and

(3) the records required under Subsection G of 20.3.3.311 NMAC.

F. Prior to license termination, each licensee shall forward the records required by Subsection G of 20.3.3.311 NMAC to the department.

N.M. Admin. Code § 20.3.3.326

20.3.3.326 NMAC - Rp, 20.3.3.300 NMAC, 4/30/2009