DHS 157.13(15)(15)Transfer of material.
DHS 157.13(15)(a)(a) No licensee may transfer radioactive material except as authorized under this subsection.
DHS 157.13(15)(b)(b) Except as otherwise provided in its license and subject to the provisions of pars. (c) and (d), a licensee may transfer radioactive material to any of the following:
DHS 157.13(15)(b)1.1. The department only after receiving prior approval from the department.
DHS 157.13(15)(b)2.2. The U.S. department of energy.
DHS 157.13(15)(b)3.3. Any person exempt from these regulations to the extent permitted under the exemption.
DHS 157.13(15)(b)4.4. Any person authorized to receive radioactive material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the department, the NRC, any agreement state, any licensing state or to any person otherwise authorized to receive radioactive material by the federal government or any agency thereof, the department, an agreement state or a licensing state.
DHS 157.13(15)(b)5.5. Any person as otherwise authorized by the department in writing.
DHS 157.13(15)(b)6.6. The agency in another state that regulates radioactive material under 42 USC 5801.
DHS 157.13(15)(c)(c) Before transferring radioactive material to a specific licensee of the department, the NRC, an agreement state or a licensing state, or to a general licensee who is required to register with the department, the NRC, an agreement state or a licensing state prior to receipt of the radioactive material, a licensee transferring the material shall verify that the transferee’s license authorizes the receipt of the type, form and quantity of radioactive material to be transferred.
DHS 157.13(15)(d)(d) A licensee transferring radioactive materials as described in par. (c) may use any of the following methods for verification:
DHS 157.13(15)(d)1.1. The transferor may possess and read a copy of the transferee’s specific license or registration certificate that is currently in force.
DHS 157.13(15)(d)2.2. The transferor may possess a written statement, from the transferee, certifying that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date.
DHS 157.13(15)(d)3.3. For emergency shipments, the transferor may accept an oral statement by the transferee that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date; provided that the oral statement is confirmed in writing within 10 days.
DHS 157.13(15)(d)4.4. The transferor may obtain other information compiled by a reporting service from official records of the department, the NRC, an agreement state or a licensing state regarding the identity of licensees and the scope and expiration dates of licenses and registration.
DHS 157.13(15)(d)5.5. When none of the methods of verification described in subds. 1. to 4. are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the department, the NRC, an agreement state or a licensing state that the transferee is licensed to receive the radioactive material.
DHS 157.13(15)(e)(e) Shipment and transport of radioactive material shall be under the provisions of subch. XIII.
DHS 157.13(16)(16)Modification, suspension and revocation of licenses.
DHS 157.13(16)(a)(a) The terms and conditions of a license shall be subject to amendment, revision or modification by the department. The department may suspend, revoke or modify the license due to amendments to ss. 254.31 to 254.45, Stats., this chapter or orders issued by the department.
DHS 157.13(16)(b)(b) The department may revoke, suspend or modify any license or reciprocal recognition of an out-of-state license, in whole or in part, for any material false statement in the application or any statement of fact required under provisions of ss. 254.31 to 254.45, Stats., or because of conditions revealed by such application or statement of fact or any report, record or inspection or other means which would warrant the department to refuse to grant a license on an original application or for violation of or failure to observe any of the terms and conditions of ss. 254.31 to 254.45, Stats., this chapter or orders issued by the department or voluntary application for amendment, revision or modification submitted by the licensee.
DHS 157.13(16)(c)(c) Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, the department may not modify, suspend or revoke a license unless, prior to such action, the department notifies the licensee, in writing, of the facts or conduct that warrant the action and the licensee has been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.
DHS 157.13(16)(d)(d) A person who considers himself or herself affected by a department denial of license application or amendment, license revocation, or license suspension may submit to the department a written request for hearing about the license action. A written request for hearing on a license action shall be received by the department within 10 days after receipt of a notice of the department’s decision to deny license application or renewal or revoke or suspend a license. The hearing request shall include the information required in s. DHS 157.90 (3).
DHS 157.13 NoteNote: Hearing requests shall be sent to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St, Room 150, Madison, WI 53702-0007.
DHS 157.13(17)(17)Event reporting.
DHS 157.13(17)(a)(a) Events that must be reported immediately. A licensee shall notify the department by telephone as soon as possible but not later than 4 hours after the discovery of an event, such as a fire, explosion or toxic gas release, which prevents immediate protective actions necessary to avoid exposures to radiation, radioactive materials or releases of licensed radioactive material that could exceed regulatory limits established in this chapter.
DHS 157.13(17)(b)(b) Events that must be reported within 24 hours. A licensee shall notify the department within 24 hours by telephone, facsimile, or in person after the discovery of any of the following events involving licensed material:
DHS 157.13(17)(b)1.1. An unplanned contamination event that meets all of the following criteria:
DHS 157.13(17)(b)1.a.a. Requires access to the contaminated area, by workers or the public, to be restricted for more than 24 hours by imposing additional radiological controls or by prohibiting entry into the area.
DHS 157.13(17)(b)1.b.b. Involves a quantity of material greater than 5 times the lowest annual limit on intake specified in ch. DHS 157 Appendix E for the material.