license shall be modified, suspended or revoked unless, prior to the institution of proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.

§ 30.52 Right to withhold or recall byproduct material.

The Commission may withhold, recall or order the withholding or recall of byproduct material from any licensee who is not equipped to observe or fails to observe such safety standards to protect

mission, or who uses such materials in violation of law or regulation of the Commission, or in a manner other than as disclosed in the application therefor or approved by the Commission.

transferred to persons not licensed by the Commission or by an agreement State, except in accordance with a license issued pursuant to § 30.24 (h) of this part.

§ 30.41 Records.

(a) Each person who receives byproduct material pursuant to a license issued pursuant to the regulations in this part shall keep records showing the receipt, transfer, export and disposal of such byproduct material.

§ 30.43 Inspection.

(a) Each licensee shall afford to the Commission at all reasonable times opportunity to inspect byproduct material and the premises and facilities wherein byproduct material is used or stored.

(b) Each licensee shall make available to the Commission for inspection, upon reasonable notice, records kept by him pursuant to the regulations in this chapter.

§ 30.44 Tests.

Each licensee shall perform, or permit the Commission to perform, such tests as the Commission deems appropriate or necessary for the administration of the regulations in this part, including tests of:

(a) The terms and conditions of each license shall be subject to amendment, revision or modification by reason of amendments to the act, or by reason of rules, regulations and orders issued in accordance with the terms of the act.

(b) Any license may be revoked, suspended or modified, in whole or in part, for any material false statement in the application or any statement of fact required under section 182 of the act, 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 Commission to refuse to grant a license on an original application, or for violation of, or failure to observe any of the terms and provisions of the act or of any rule, regulation or order of the Commission.

(c) Except in cases of willfulness or those in which the public health, inter

license shall be modified, suspended or revoked unless, prior to the institution of proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.

§ 30.52 Right to withhold or recall byproduct material.

The Commission may withhold, recall or order the withholding or recall of byproduct material from any licensee who is not equipped to observe or fails to observe such safety standards to protect

mission, or who uses such materials in violation of law or regulation of the Commission, or in a manner other than as disclosed in the application therefor or approved by the Commission.

The regulations in this part apply to all licensees who use byproduct material for radiography under a license issued by the Commission pursuant to the regulations in Part 30 of this chapter: Provided, however, That nothing in this part shall apply to uses of byproduct material for medical diagnosis or therapy. § 31.3 Definitions.

As used in this part:

(a) "Radiographer" means any individual who performs or who, in attendance at the site where the sealed source or sources are being used, personally supervises radiographic operations and who is responsible to the licensee for assuring compliance with the requirements of these regulations and the conditions of the license.

(b) "Radiographer's Assistant" means any individual who, under the personal supervision of a radiographer, uses radiographic exposure devices, sealed sources or related handling tools, or survey instruments in radiography.

(c) "Radiographic Exposure Device" means any instrument containing a sealed source fastened or contained

shielding thereof may be moved, or otherwise changed, from a shielded to unshielded position for purposes of making a radiographic exposure.

(d) "Radiography" means the examination of the structure of materials by nondestructive methods utilizing sealed sources of byproduct material.

(e) "Sealed source" means any byproduct material that is encased in a capsule designed to prevent leakage or escape of the byproduct material.

(f) "Storage Container" means a device in which sealed sources are transported or stored.

(g) Other terms defined in section 11 of the Atomic Energy Act, as amended shall have the same meaning when used in this part.