and indicator, if any, at intervals that do not exceed six months; except that any such device containing byproduct material consisting only of Krypton need not be so tested for such leakage, and any such device containing byproduct material consisting only of Hydrogen 3 need not be so tested either for such leakage or operation;

f. Such person shall cause each required test and all other servicing involving such byproduct material, its shielding or containment, to be conducted either by the supplier or by a person who holds a license which authorizes him to manufacture, install or service the device.

g. Upon any indication of a possible failure of or damage to the shielding or containment of such byproduct material or an on-off mechanism and indicator, such person shall immediately suspend use of such device until it has been repaired, lawfully disposed of, or accepted by the Commissioner as in substantial compliance with this rule.

38-7 APPLICATION FOR LICENSES

An application for a license shall be made to the Commissioner on a form prescribed by him. It shall set forth such pertinent information as the Commissioner may require. Supplementary statements shall be filed upon the Commissioner's request.

38-8 ISSUING LICENSES

Upon due application therefor a license shall be issued by the Department if

a. The applicant's proposed use, equipment, facilities and procedures are sufficient to provide reasonable and adequate protection to life, health and safety; and

b. The applicant or the applicant's personnel is qualified by training and experience to use such agreement material for each purpose covered by the application so as to minimize danger therefrom to life, health and safety.

The license shall be in such form and contain such provisions as may be appropriate or necessary to effectuate the purposes of this rule.

38-9 SPECIAL REQUIREMENTS FOR LICENSEES

38-9.1 Compliance with License. No licensee shall transfer, receive, possess or use any licensed agreement material otherwise than in accordance with the terms of his license.

38-9.2 Possession and Use of Licensed Material. A licensee shall confine his possession and use of licensed agreement material to the locations and purposes specified in the license, except that he may transfer such material to any person authorized to receive it pursuant to this rule or by a license or permit issued by the State Department of Health, the New York City Department of Health, the United States Atomic Energy Commission or an agreement State.

38-10 LICENSE FOR USE OF SPECIAL NUCLEAR MATERIAL

A license covering the use of special nuclear material in the course of which use additional special nuclear material is produced shall be

valid as to the material so produced unless the total quantity of special nuclear material possessed by the licensee is sufficient to form a critical mass.

38-11 DURATION OF LICENSES

Except as below provided, a license shall expire at the end of the expiration date therein stated. The filing of an application by the licensee more than 30 days prior to the expiration date for a renewal or a new and superseding license shall extend the license until the Commissioner has finally determined the application. A licensee may terminate his license by surrendering it to the Commissioner.

38-12 RENEWAL OF LICENSES

An application for a renewal of a license shall constitute an application for a license and be subject to the provisions of this rule relating to an application for a license.

38-13 AMENDMENT OF LICENSES

A corrective amendment of a license may be made by the Commissioner at any time upon his initiative or at the request of the licensee. Upon the licensee's written request the Commissioner may amend a license in any respect consistent with this rule. Every license may be amended by the Commissioner upon any ground for which he might suspend or revoke it.

38-14 SUSPENSION OR REVOCATION OF LICENSES

All licenses shall be subject to suspension or revocation by reason of amendment of the Labor Law, enactment or amendment of any other applicable law, amendment of this rule or amendment or promulgation of any other applicable rule, regulation, or order. The Commissioner may revoke or suspend any license, in whole or in part,

for:

a. Any material misstatement in the application therefor or in any supplementary statement thereto;

b. Any condition revealed by such application, supplementary statement, report, record, inspection or other means, which would warrant the Commissioner to refuse to grant a license on an original application; or

c. Any violation or failure to observe any of the applicable terms or provisions of such license, the Labor Law, this rule or any other applicable rule, regulation, code or order.

38-15 ADDITIONAL REQUIREMENTS

The Commissioner may by order, as part of a license or otherwise, make such specific requirements, in addition to those set forth in this rule, as may be reasonably appropriate and necessary to enforce the provision of this rule relating to the general duty to protect health and safety.

Upon order of the Commissioner therefor any person who has used radioactive material in violation of law or of this rule, or of the provisions of his license, or of an order of the Commissioner shall at his own expense surrender such material to an authorized transferee.

38-17 PROCEDURAL PROVISIONS

38-17.1 Actions on Applications and Licenses. In whatever form expressed a final decision, determination or action by the Commissioner upon an application for a license or in respect to amending, suspending or revoking a license shall constitute an order for the enforcement of this rule under Section 21 of the Labor Law and accordingly an order made under the provisions of the Labor Law within the meaning of Section 110 thereof.

38-17.2 Hearings. Except when immediate action is required to secure safety a license shall not be revoked, suspended or restrictively amended by the Commissioner without the consent of the licensee unless the licensee has been given reasonable notice and an opportunity to be heard.

38-18 HOLDERS OF LICENSES OR PERMITS

The holder of a license or permit issued by the State Department of Health, the New York City Department of Health, the United States Atomic Energy Commission or any agreement State, may bring, possess or use agreement material covered by such license or permit within the Department's jurisdiction for a period not in excess of 20 days in any 12 consecutive months without obtaining a license from the Commissioner, provided that:

a. Such license or permit does not limit the holder's possession or use of such material to a specific installation or installations.

b. Such holder, prior to bringing such material within the Department's jurisdiction, files with the Commissioner a notice indicating the period, type and location of proposed possession and use within the Department's jurisdiction and a copy of the license or permit. At the discretion of the Commissioner, oral notification of the Department may be accepted in lieu of the filing requirement under this paragraph.

c. Such holder supplies such additional information as the Commissioner may reasonably request.

d. Such holder, during the period of his possession and use of such material within the Department's jurisdiction, complies with all relevant provisions of this rule.

e. Such holder, during such period, complies with all terms and conditions of his license or permit, except such terms or conditions as may be inconsistent with this rule.

38-19 LICENSEES OF UNITED STATES ATOMIC ENERGY

COMMISSION

Any person who now holds a specific license heretofore issued by the United States Atomic Energy Commission authorizing the trans

fer, receipt, possession or use within this State of agreement material shall be deemed to hold an identical license under this rule, which shall expire 90 days after receipt of a notice of expiration from the Commissioner or on the date of expiration specified in the license, whichever is earlier.

Radiation Protection Requirements

38-20 GENERAL DUTY TO PROTECT HEALTH AND SAFETY Every person to whom this rule applies shall so guard, shield, protect, manage and control every radiation source transferred, received, possessed or used by him as to provide reasonable and adequate protection to the lives, health and safety of all individuals subject to exposure to the radiation from such source.

38-21 PERMISSIBLE OCCUPATIONAL DOSE

38-21.1 From External Exposure. Except as provided below, no person shall transfer, receive, possess or use any radiation source so as to cause any individual in any controlled area to receive an occupational dose from external exposure that exceeds the following limits:

a. If the individual is 18 years of age or over,

1. A dose to the whole body of 3 rems in any 13 consecutive weeks or 5 rems in any 52 consecutive weeks; or

2. A dose to the hands and forearms, or feet and ankles, of 25 rems in any 13 consecutive weeks or 75 rems in any 52 consecutive weeks,

or

3. A dose to the skin of whole body of 10 rems in any 13 consecutive weeks, or 30 rems in any 52 consecutive weeks; and

b. If the individual is under 18 years of age, a dose to any part of the body that exceeds 10 percent of the applicable limit specified above.

Exception: Any person may permit an individual 18 years of age or over to receive an occupational dose to the whole body of 12 rems in any 52 consecutive weeks if such occupational dose will not exceed 3 rems during any 13 consecutive weeks and will not, when added to the accumulated occupational dose to such individual's whole body, exceed 5 (N-18) rems where "N" equals the individual's age in years at his last birthday; and if such person has complied with all the requirements in a form prescribed by the Commissioner relating to the calculation of such individual's previously accumulated dose and the excess dose permitted under this paragraph, including the requirement that necessary certifications and reports of past exposure be obtained.

38-21.2 From Concentration of Airborne Radioactive Material. No person shall suffer or permit any individual in a controlled area to be exposed to any airborne radioactive material possessed by such person in any concentration which would exceed the following limits if averaged over 40 hours in any week, regardless of particle size or the use of protective clothing or equipment:

a. The limit set forth in Table 3, Schedule I, if such individual is 18 years of age or over; except that any such limit may be propor

tionately increased in any week in which the number of hours of exposure is less than 40 and except that any such limit shall be proportionately decreased in any week in which the number of hours is greater than 40.

b. The limit set forth in Table 3, Schedule II, if such individual is under 18 years of age.

38-22 PERMISSIBLE DOSE IN UNCONTROLLED AREAS

38-22.1 From External Exposure. No person shall create in any uncontrolled area any radiation level which (a) causes any individual in the area to receive a dose to the whole body from external exposure in excess of 0.5 rem in any 52 consecutive weeks, or (b) if an individual were continuously present in the area, would result in his receiving a dose in excess of either 2 millirems in any hour or 100 millirems in any 7 consecutive days.

38-22.2 From Concentration of Radioactive Material. No person shall release into the air or water in any uncontrolled area any concentration of any radioactive material which, if averaged over any year, would exceed the limit thereof set forth in Table 3, Schedule II. Any such concentration shall be determined at the point at which it leaves the controlled area, and any such concentration released through a stack, tube, pipe or similar conduit may be deemed to leave such area at the point of such release. This section shall not preclude disposal of radioactive materials into sanitary sewer systems pursuant to this rule.

38-23 DISPOSAL OF RADIOACTIVE MATERIAL

No person shall dispose of any radioactive material except by transfer to an authorized recipient or as otherwise provided in this rule. Disposal by burial in soil or release into a sanitary sewer system is not prohibited by this rule if done in accordance with the New York City Health Code in the City of New York or in accordance with the State Sanitary Code elsewhere. Nothing in this rule shall be construed to authorize treatment or disposal of radioactive material by incineration.

38-24 LIMITATIONS ON HUMAN USE

No person shall use any radiation source for human use, except that nothing in this rule shall restrict an individual licensed to practice medicine, dentistry, podiatry or osteopathy or any technician, nurse or other person under the supervision of such individual, in the human use of a radiation source when such use is licensed or authorized by the State Department of Health or the New York City Department of Health.

38-25 RADIATION SAFETY OFFICER

The owner of any installation or mobile source shall designate a radiation safety officer, who shall establish and administer a radiation protection program which complies with this rule. If the radiation safety officer does not personally supervise the operation of the installation or mobile source, such operation shall be personally super