DHS 157.96(10)(10) Variance and exemptions. Variances and exemptions may be granted from any requirement regarding a maximum contaminant level for radioactivity as prescribed in ss. NR 809.90 and 809.91. subch. XV of ch. DHS 157Subchapter XV — Physical Protections of Category 1 and Category 2 Quantities of Radioactive Material DHS 157.9700(1)(a)(a) A licensee that possesses a quantity of radioactive material at or above the category 2 quantity of radioactive material threshold shall establish, implement, and maintain an access authorization program that meets the requirements of this subchapter. DHS 157.9700(1)(b)(b) An applicant for a new license and a licensee that would become newly subject to the requirements of this subchapter upon application to amend its license shall implement the requirements of this subchapter as appropriate and be inspected by the department before taking possession of a category 1 or category 2 quantity of radioactive material. DHS 157.9700(1)(c)(c) A licensee that has not previously implemented the physical protection license condition requirements or been subject to the provisions of this section and ss. DHS 157.9701 to 157.9706 shall implement the provisions of this section and ss. DHS 157.9701 to 157.9706 before aggregating radioactive material to a quantity that equals or exceeds the category 2 threshold. DHS 157.9700(2)(2) General performance objective. The licensee’s access authorization program shall ensure that the individuals specified in sub. (3) (a) are trustworthy and reliable. DHS 157.9700(3)(a)1.1. An individual whose assigned duties require unescorted access to category 1 or category 2 quantities of radioactive material or to any device that contains the radioactive material. DHS 157.9700(3)(c)(c) Except as provided in par. (d), a licensee shall approve for unescorted access to category 1 or category 2 quantities of radioactive material only those individuals with job duties that require unescorted access to category 1 or category 2 quantities of radioactive material. DHS 157.9700 HistoryHistory: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.100 under s. 13.92 (4) (b) 1., Stats., and correction in (1) (c), (3) (a) (intro.), (b), (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745. DHS 157.9701(1)(a)(a) A licensee shall implement the requirements of this subchapter for granting initial or reinstated unescorted access authorization. DHS 157.9701(1)(b)(b) An individual who has been determined to be trustworthy and reliable shall complete the security training required under s. DHS 157.9708 (3) before being allowed unescorted access to category 1 or category 2 quantities of radioactive material. DHS 157.9701(2)(a)(a) Only a reviewing official may make trustworthiness and reliability determinations that allow individuals to have unescorted access to category 1 or category 2 quantities of radioactive materials possessed by a licensee. DHS 157.9701(2)(b)(b) Each licensee shall name one or more individuals to be a reviewing official. After completing a background investigation on the reviewing official, the licensee shall provide to the department, under oath or affirmation, a written certification that the reviewing official is deemed trustworthy and reliable by the licensee. The fingerprints of the named reviewing official shall be taken by a law enforcement agency, a federal or state agency that provides fingerprinting services to the public, or a commercial fingerprinting service authorized by a state to take fingerprints. Every 10 years, the licensee shall recertify that the reviewing official is deemed trustworthy and reliable under s. DHS 157.9702 (3). DHS 157.9701(2)(c)(c) The licensee shall permit its reviewing official to have unescorted access to category 1 or category 2 quantities of radioactive materials or access to safeguards information or safeguards information-modified handling, if the licensee possesses safeguards information or safeguards information-modified handling. DHS 157.9701(2)(d)(d) A reviewing official may not approve other individuals to act as a reviewing official. DHS 157.9701(2)(e)(e) A reviewing official does not need to undergo a new background investigation before being named by a licensee as the reviewing official if any of the following apply: DHS 157.9701(2)(e)1.1. The individual has undergone a background investigation that included fingerprinting and a FBI criminal history records check and has been determined to be trustworthy and reliable by the licensee.