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Deliberate Misconduct Rule - Proposed Amendment
FYI Radsafers:
NRC has proposed to extend the "Deliberate Misconduct Rule" to
applicants for licenses or certificates, and to their employees, subcontactors,
and consultants. The Federal Register Notice is available from the NRC Bulletin
Board via FedWorld. The contact person is Tony DiPalo @ 301/415-6191. The
comment period expires December 18, 1996.
The Deliberate Misconduct Rule as currently written already applies to
employees, subcontractors, and consultants of licensees. To quote from the
Federal Register Notice, it places: "...unlicensed persons on notice that they
may be subject to enforcement action for deliberate misconduct that causes or
would have caused, if not detected, a licensee to be in violation of any of the
Commission's requirements, or for deliberately providing to the NRC, a licensee,
or contractor, information that is incomplete or inaccurate in some respect
material to the NRC."
The proposed rule would now extend this to applicants, their employees,
subcontractors and consultants. For example, the proposed rule would apply to
"consultants engaged by an applicant to prepare a license application for such
activities as radiography, well logging, irradiation, and teletherapy."
NRC has designated this rule as a Division-3 matter of compatibility
with respect to Agreement States, which accordingly are not required to adopt
it.
______________________________________________
Clayton Bradt voice: 518/457/1202
Assoc. Radiophysicist fax: 518/457-5545
NYS DOL/Radiological Health Unit
"Rad Health Unit"<raldrich@emi.com>
______________________________________________