19-3-103.5 - Board authority and duties. - Utah Statutes

19-3-103.5. Board authority and duties.
(1) The board may:
(a) require submittal of specifications or other information relating to licensingapplications for radioactive materials or registration of radiation sources for review, approval,disapproval, or termination;
(b) issue orders necessary to enforce the provisions of this part, enforce the orders byappropriate administrative and judicial proceedings, and institute judicial proceedings to securecompliance with this part;
(c) (i) hold a hearing that is not an adjudicative proceeding and compel the attendance ofwitnesses, the production of documents, and other evidence, administer oaths and take testimony,and receive evidence it finds proper, or appoint hearing officers to conduct a hearing that is notan adjudicative proceeding and authorize them to exercise the powers under this Subsection (1);
(ii) receive a proposed dispositive action from an administrative law judge as providedby Section 19-1-301; and
(iii) (A) approve, approve with modifications, or disapprove a proposed dispositiveaction; or
(B) return the proposed dispositive action to the administrative law judge for furtheraction as directed;
(d) settle or compromise any administrative or civil action initiated to compelcompliance with this part or any rules adopted under this part;
(e) advise, consult, cooperate with, and provide technical assistance to other agencies ofthe state and federal government, other states, interstate agencies, and affected groups, politicalsubdivisions, industries, and other persons in carrying out the provisions of this part;
(f) promote the planning and application of pollution prevention and radioactive wasteminimization measures to prevent the unnecessary waste and depletion of natural resources;
(g) cooperate with any persons in studies, research, or demonstration projects regardingradioactive waste management or control of radiation sources;
(h) accept, receive, and administer grants or other funds or gifts from public and privateagencies, including the federal government, for the purpose of carrying out any of the functionsof this part;
(i) exercise all incidental powers necessary to carry out the purposes of this part;
(j) submit an application to the U.S. Food and Drug Administration for approval as anaccrediting body in accordance with 42 U.S.C. 263b, Mammography Quality Standards Act of1992;
(k) accredit mammography facilities, pursuant to approval as an accrediting body fromthe U.S. Food and Drug Administration, in accordance with 42 U.S.C. 263b, MammographyQuality Standards Act of 1992; and
(l) review the qualifications of and issue certificates of approval to individuals whosurvey mammography equipment and oversee quality assurance practices at mammographyfacilities.
(2) The board shall:
(a) receive a proposed dispositive action from an administrative law judge on an appealof final decisions made by the executive secretary as provided by Section 19-1-301;
(b) prepare a radioactive waste management plan in compliance with Section 19-3-107 assoon as practicable; and

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(c) impound radioactive material as authorized in Section 19-3-111.
(3) Representatives of the board upon presentation of appropriate credentials may enterat reasonable times upon the premises of public and private properties subject to regulation underthis part to perform inspections to insure compliance with this part and rules made by the board.

Amended by Chapter 377, 2009 General Session