N.Y. Comp. Codes R. & Regs. tit. 10 § 16.104

Current through Register Vol. 46, No. 45, November 2, 2024

Section 16.104 - Conditions of specific licenses

(a) It is hereby made a condition of each specific license:

(1) that the licensee thereunder shall comply with all applicable provisions of the State Public Health Law, of all other laws now or hereafter in effect, and with all applicable rules, regulations, codes and orders now or hereafter in effect of the department and of all appropriate regulatory agencies;

(2) that neither such license, nor any right, title or interest in, of or to such license, shall be disposed of by assignment, transfer or otherwise, either voluntarily or involuntarily, either directly or indirectly, unless the department shall, after securing complete and accurate pertinent information, have approved in uniting of such disposal;

(3) that the licensee shall confine his possession and use of licensed radioactive material to such location or locations and for such purpose or purposes as the license may authorize; provided, however, that except as otherwise provided in such license or this Part, such license shall be deemed to authorize the licensee to transfer the material covered by such license to any other person authorized to receive it by the department, the State Department of Labor, the New York City Department of Health, the United States Nuclear Regulatory Commission or any agreement state; and

(4) that the licensee shall notify the department by letter within 30 days if an authorized user, radiation safety officer or radiation therapy physicist permanently discontinues performance of duties under the license; and

(5)

(i) that each licensee shall notify the department in writing immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of Title 11 (Bankruptcy) of the United States Code by or against:

(a) the licensee;

(b) an entity (as that term is defined in 11 U.S.C. 101 [14]) (see section 16.200 of this Part) controlling the licensee or listing the license or licensee as property of the estate; or

(c) an affiliate (as that term is defined in 11 U.S.C. 101 [2]) (see section 16.200 of this Part) of the licensee;

(ii) this notification must indicate:

(a) the bankruptcy court in which the petition for bankruptcy was filed; and

(b) the date of the filing of the petition;

(6) that any license covering the use of special nuclear material in the course of which licensed use additional special nuclear material is produced, shall be deemed to cover any such special nuclear material so produced; provided, however, that the total quantity of special nuclear material possessed by the licensee is not sufficient to form a critical mass.

(b) The department may at any time set forth in any license or incorporate by reference therein, additional conditions, restrictions or requirements applicable to the licensee's transfer, receipt, possession or use of the radioactive material covered by such license in order to protect the public health and safety and to minimize danger to life and property from radiation hazards.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 16.104