Section 216-RICR-40-20-1.5 - General Provisions1.5.1ImplementationA. Any existing license or registration condition that is more restrictive than this Part remains in force until there is an amendment or renewal of the license or registration.B. If a license or registration condition exempts a licensee or registrant from a provision of this Part in effect on or before January 1, 1994, it also exempts the licensee or registrant from the corresponding provision of this Part.C. If a license or registration condition cites provisions of this Part in effect prior to January 1, 1994, which do not correspond to any provisions of this Part, the license or registration condition remains in force until there is an amendment or renewal of the license or registration that modifies or removes this condition.1.5.2Exemptions and Additional RequirementsA. The Agency may, upon application by a licensee or registrant or upon its own initiative, grant an exemption from the requirements of this Subchapter if it determines the exemption is authorized by law and would not result in undue hazard to life or property.B. The Agency may, by Rule, Regulation, or order, impose requirements on a licensee or registrant, in addition to those established in this Subchapter, as it deems appropriate or necessary to protect health or to minimize danger to life or property.1.5.3InspectionsA. Each licensee and registrant shall afford the Agency at all reasonable times the opportunity to inspect sources of radiation and the premises and facilities wherein such sources of radiation are used or stored, and the cooperation and assistance of the registrant or licensee, or his staff, if needed.B. Each licensee and registrant shall make available to the Agency for inspection, upon reasonable notice, records maintained pursuant to this Subchapter.1.5.4TestsA. Each licensee and registrant shall perform upon instructions from the Agency, or shall permit the Agency to perform such reasonable tests as the Agency deems appropriate or necessary including, but not limited to, tests of:2. Facilities wherein sources of radiation are used or stored;3. Radiation detection and monitoring instruments; and4. Other equipment and devices used in connection with utilization or storage of licensed or registered sources of radiation.1.5.5ViolationsAn injunction or other court order may be obtained prohibiting any violation of any provision of the Act or any Regulation or order issued thereunder. Any person who willfully violates any provision of the Act or any Regulation or order issued thereunder may be guilty of a misdemeanor and upon conviction, may be punished by fine or imprisonment or both, as provided by law.
1.5.6Units of Radiation DoseFor the purpose of this Part, the units of radiation dose are defined by 10 C.F.R. § 20.1004.
1.5.7Units of RadioactivityFor the purpose of this Part, the units of radioactivity are defined by 10 C.F.R. § 20.1005.
1.5.8Deliberate MisconductA. Any licensee, certificate of registration holder, applicant for a license or certificate of registration, employee of a licensee, certificate of registration holder or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or certificate of registration holder or applicant for a license or certificate of registration, who knowingly provides to any licensee, applicant, certificate holder, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's, certificate holder's or applicant's activities in this Part, may not: 1. Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate of registration holder, or applicant to be in violation of any Rule, Regulation, or order; or any term, condition, or limitation of any license issued by the Agency; or2. Deliberately submit to the Agency, a licensee, certificate of registration holder, an applicant, or a licensee's, certificate holder's or applicant's, contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Agency.B. A person who violates §§1.5.8(A)(1) or (2) of this Part may be subject to enforcement action in accordance with the procedures in §2.11 of this Subchapter.C. For the purposes of §1.5.8(A)(1) of this Part, deliberate misconduct by a person means an intentional act or omission that the person knows: 1. Would cause a licensee, certificate of registration holder or applicant to be in violation of any Rule, Regulation, or order; or any term, condition, or limitation, of any license issued by the Agency; or2. Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate of registration holder, applicant, contractor, or subcontractor.216 R.I. Code R. § 216-RICR-40-20-1.5
Adopted effective 1/1/2019
Amended effective 5/25/2022