(1) The
agency shall provide by rule or regulation for general or
specific licensing of by-product, source, special nuclear
materials, or devices or equipment utilizing such materials, or
other radioactive material occurring naturally or produced
artificially. Such rule or regulation shall provide for
amendment, suspension, or revocation of licenses. Such rule or
regulation shall provide that:
(a) Each application for a specific license shall be in
writing and shall state such information as the agency, by rule
or regulation, may determine to be necessary to decide the
technical, insurance, and financial qualifications, or any other
qualification of the applicant as the agency may deem reasonable
and necessary to protect the occupational and public health and
safety. The agency may at any time after the filing of the
application, and before the expiration of the license, require
further written statements and shall make such inspections as the
agency deems necessary in order to determine whether the license
should be granted or denied or whether the license should be
modified, suspended, or revoked. In no event shall the agency
grant a specific license to any applicant who has never possessed
a specific license issued by a recognized state or federal
authority until the agency has conducted an inspection which
insures that the applicant can meet the rules, regulations and
standards adopted pursuant to this chapter. All applications and
statements shall be signed by the applicant or licensee. The
agency may require any applications or statements to be made
under oath or affirmation;
(b) Each license shall be in such form and contain such
terms and conditions as the agency may by rule or regulation
prescribe;
(c) No license issued under the authority of this chapter
and no right to possess or utilize sources of ionizing radiation
granted by any license shall be assigned or in any manner
disposed of; and
(d) The terms and conditions of all licenses shall be
subject to amendment, revision, or modification by rules,
regulations or orders issued in accordance with the provisions of
this chapter.
(2) Before the agency issues a license to an applicant under
this section, it shall give notice of such application to the
chief executive officer of the incorporated city or town, if the
application is for a license within an incorporated city or town,
or to the county legislative authority, if the application is for
a license outside the boundaries of incorporated cities or towns.
The incorporated city or town, through the official or employee
selected by it, or the county legislative authority or the
official or employee selected by it, shall have the right to file
with the agency within twenty days after date of transmittal of
such notice, written objections against the applicant or against
the activity for which the license is sought, and shall include
with such objections a statement of all facts upon which such
objections are based, and in case written objections are filed,
may request and the agency may in its discretion hold a formal
hearing under chapter 34.05 RCW. Upon the granting of a license
under this section the agency shall send a duplicate of the
license or written notification to the chief executive officer of
the incorporated city or town in which the license is granted, or
to the county legislative authority if the license is granted
outside the boundaries of incorporated cities or towns.
This subsection shall not apply to activities conducted
within the boundaries of the Hanford reservation.
(3) The agency may require registration of all sources of
ionizing radiation.
(4) The agency may exempt certain sources of ionizing
radiation or kinds of uses or users from the registration or
licensing requirements set forth in this section when the agency
makes a finding after approval of the technical advisory board
that the exemption of such sources of ionizing radiation or kinds
of uses or users will not constitute a significant risk to the
health and safety of the public.
(5) In promulgating rules and regulations pursuant to this
chapter the agency shall, insofar as practical, strive to avoid
requiring dual licensing, and shall provide for such recognition
of other state or federal licenses as the agency shall deem
desirable, subject to such registration requirements as the
agency may prescribe.
[1984 c 96 § 1; 1965 c 88 § 5; 1961 c 207 § 8.]