§ 10-19-12-5 — Duties; registration, regulation, and use of radiation generating equipment

Indiana § 10-19-12-5

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 19: DEPARTMENT OF HOMELAND SECURITY
• Ch. 12: Nuclear Regulatory Agreement

Text

(a) The Indiana department of homeland
security is designated as the state agency responsible for carrying out
the duties of this chapter.
(b) The executive director of the department may use the authority
granted under IC 10-19-3-4 and IC 10-19-3-5 to carry out the duties of
this chapter.
(c) The department shall, for the protection of the occupational
health and safety, public health and safety, and environment, do the
following:
(1) Develop programs for evaluation and control of hazards
associated with use of sources of radiation.
(2) Develop programs with due regard for compatibility with
federal programs for regulation of byproduct, source, and special
nuclear materials.
(3) Adopt rules and regulations, which may provide for licensing
and registration, relating to control of sources of radiation with
due regard for compatibility with the regulatory programs of the
federal government.
(4) Issue such orders or modifications thereof as may be necessary
in connection with proceedings under this chapter.
(5) Advise, consult, and cooperate with other state agencies, the
federal government, other states and interstate agencies, political
subdivisions, and other organizations concerned with control of
sources of radiation.
(6) Have the authority to accept and administer grants, or other
funds or gifts, conditional or otherwise, in furtherance of its
functions, from the federal government and from other sources,
public or private.
(7) Encourage, participate in, or conduct studies, investigations,
training, research, and demonstrations relating to control of
sources of radiation.
(8) Collect and disseminate information relating to control of
sources of radiation, including maintenance of a file of:
(A) all license applications, issuances, denials, amendments,
transfers, renewals, modifications, suspensions, and
revocations;
(B) registrants possessing sources of radiation requiring
registration under the provisions of this chapter and any
administrative or judicial action pertaining thereto; and
(C) all of the department's rules and regulations relating to
regulation of sources of radiation, pending or promulgated, and
proceedings thereon.
(d) Registration of radiation generating equipment and regulations
regarding the use of radiation generating equipment shall be in
accordance with IC 16-41-35.
(e) The department shall coordinate the registration, regulation, and
use of radiation generating equipment under subsection (d). The
department shall do the following in carrying out the duties of this
subsection:
(1) Consult with and review regulations and procedures of a state
agency or department that regulates, in part, radiation or radiation
generating equipment to prevent unnecessary duplication,
inconsistencies, or gaps in regulatory requirements.
(2) Review, before and after, the holding of any public hearing
required under the provisions of this chapter prior to
promulgation, the proposed rules and regulations of any state
agencies that relate to the use and control of radiation, to assure
that the rules and regulations are consistent with other agencies.
Proposed rules and regulations are not effective until thirty (30)
days after submission to the department, unless either the
governor or the department waives all or part of the thirty (30)
day period. The waiting period runs concurrently with any other
waiting period required by state law.
(3) Consult with state agencies in an effort to resolve
inconsistencies if the department determines that a proposed rule
or regulation is inconsistent with an existing rule or regulation.
(4) Notify the governor if an inconsistency under subdivision (3)
has not been resolved. Upon notification, the governor may find
that the proposed rules and regulations or parts thereof are
inconsistent with the rules and regulations of other agencies of the
state and may issue an order to that effect in which event the
proposed rules or regulations or parts thereof shall not become
effective. The governor may, in the alternative, upon a similar
determination, direct the appropriate agency or agencies to amend
or repeal existing rules or regulations to achieve consistency with
the proposed rules or regulations.
(f) The agencies of the state shall keep the department fully and
currently informed as to their activities relating to development and
regulation of sources of radiation.

Legislative History

As added by P.L.28-2022, SEC.2.