S.C. Code Regs. § § 61-63.II.RHA 2.1

Current through Register Vol. 48, 12, December 27, 2024

Section 61-63.II.RHA 2.1 - Purpose and Scope

2.1.1 No person shall manufacture, produce, transfer, receive, acquire, own, possess, or use byproduct material except as authorized in a specific or general license issued pursuant to these regulations, or as otherwise provided in these regulations.

NOTE: Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, by-product, or special nuclear material, intended for use by the general public may be obtained only from the United States Nuclear Regulatory Commission, Washington, D.C. 20555.

2.1.2 Deliberate misconduct

2.1.2.1 Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not:

2.1.2.1.1 Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Department; or

2.1.2.1.2 Deliberately submit to the Department, a licensee, an applicant, or a licensee'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 Department.

2.1.2.2 A person who violates RHA 2.1.2.1.1 or 2.1.2.1.2 of this section may be subject to enforcement action in accordance with the procedures in RHA 1.12.

2.1.2.3 For the purposes of RHA 2.1.2.1.1, deliberate misconduct by a person means an intentional act or omission that the person knows:

2.1.2.3.1 Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Department; or

2.1.2.3.2 Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor.

S.C. Code Regs. § 61-63.II.RHA 2.1