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Subpart 38.5

Licensing-general requirements.

(a) Overall licensing requirement for radioactive material. Except for radioactive material specified in Table 1 of section 38.41 of this Part (rule), and the removal of source material from its place of deposit in nature, or as otherwise provided by this Part (rule), no person shall transfer, distribute, manufacture, receive, possess or use any radioactive material except pursuant to a specific or general license issued under this Part (rule).

(b) General licenses.Subject to the terms and conditions specified in Table 3 of section

38.41 of this Part (rule), a general license is effective without the filing of an applicationfor a specific license and without the issuance of a specific licensing document by the commissioner.

(c) Specific licenses shall be issued in an accelerated process to authorize possession and use of measuring, gauging or controlling devices (gauges) which are used at fixed locations, and are authorized for distribution to general licensees, but are not included in Table 3 of Section 38.41 of this Part. Such licensees shall comply with Section 38.28 (h) of this Part and the conditions of the specific license, but shall be otherwise exempt from the requirements of Section 38.16 through 38.28 of this Part.

Historical Sec. amd. filed June 10, 1971; repealed, new filed: July 6, 1978; June 9, 1994; Note: amd. filed April 15, 1999 eff. May 5, 1999.  Added (c).

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