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Georgia Statutes, Title 31

Georgia/Statutes

← All Georgia coverage

Title 31

53 chapters · 983 sections in this title.

All chapters in Title 31983 Ch 7, REGULATION AND CONSTRUCTION OF HOSPI…189 Ch 8, CARE AND PROTECTION OF INDIGENT AND …150 Ch 11, EMERGENCY MEDICAL SERVICES65 Ch 2A, DEPARTMENT OF PUBLIC HEALTH36 Ch 10, VITAL RECORDS36 Ch 13, RADIATION CONTROL28 Ch 6, STATE HEALTH PLANNING AND DEVELOPMENT25 Ch 21, DEAD BODIES22 Ch 1, GENERAL PROVISIONS21 Ch 3, COUNTY BOARDS OF HEALTH19 Ch 12, CONTROL OF HAZARDOUS CONDITIONS, PRE…19 Ch 14, HOSPITALIZATION FOR TUBERCULOSIS16 Ch 41, LEAD POISONING PREVENTION16 Ch 2, DEPARTMENT OF COMMUNITY HEALTH15

28 sections·Filtered byTitle 31✕Ch 13✕

O.C.G.A. § 31-13-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Radiation Control Act.’’ History. — Code 1933, § 88-1301, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1990, p. 711, § 1.
O.C.G.A. § 31-13-10 Suspension, revocation, and amendment of license or registration; emergency orders; review
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(a) The Department of Natural Resources may refuse to grant a license as provided in Code Section 31-13-8 or 31-13-8.1 and the Department of Community Health may refuse to register radiation generating equipment as provided in Code Section 31-13-8.2 to any applicant who does not …
O.C.G.A. § 31-13-11 Impounding and condemnation of radiation generating equipment and radioactive materials
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(a) In the event of an emergency, the Department of Community Health shall have the authority to impound or order the impounding of radiation generating equipment in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or …
O.C.G.A. § 31-13-12 License required
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It shall be unlawful for any person to use, manufacture, assemble, distribute, produce, transport, receive, acquire, own, or possess any source of radiation required to be licensed or registered under this chapter unless licensed by or registered with the Department of Natural Re…

O.C.G.A. § 31-13-13 Penalties

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(a) Any person who violates the provisions of Code Section 31-13-7 or any rule or regulation promulgated pursuant to such Code section, or who violates the provisions of Code Section 31-13-12, or who hinders, obstructs, or otherwise interferes with any representative of the Depar…

O.C.G.A. § 31-13-14 Inspections and investigations

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The director or his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to the handling of radioactive materials in the state. History. — Code …

O.C.G.A. § 31-13-15 Investigation of apparent violations; initiation of legal proceedings

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The director shall have the authority to investigate any apparent violation of this chapter and to take any action authorized under this chapter as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this chapter. History. — C…

O.C.G.A. § 31-13-16 Authorization to remedy violation by conference, conciliation, or persuasion; order to undertake corrective action

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Whenever the director has reason to believe that a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In…

O.C.G.A. § 31-13-17 Declaration of existence of emergency

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Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action …

O.C.G.A. § 31-13-18 Hearing on order or notice of action

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Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the director, such person may request and obtain a hearing by filing a petition with the director within 30 days after service of the order or notice of action. Such hearing and any ot…

O.C.G.A. § 31-13-19 Judicial review

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Any person who has exhausted all administrative remedies available before the director and who is aggrieved by a final order or action in a contested case is entitled to judicial review under this chapter. In this connection, all proceedings for judicial review shall be conducted…

O.C.G.A. § 31-13-2 Declaration of policy

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It is the policy of this state, in furtherance of its responsibility to protect the environment and the public health and safety of its citizens and, to the extent authorized under Article VI, Section 2 of the Constitution of the United States: (1) To institute and maintain progr…

O.C.G.A. § 31-13-20 Filing certified copy of unappealed final order or affirmed order

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The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or i…

O.C.G.A. § 31-13-21 Temporary or permanent injunction; restraining order

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Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this chapter, the director may apply to the superior court of the county where such person resides or, if such p…

O.C.G.A. § 31-13-22 Representation of director in actions

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It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter. History. — Code 1981, § 31-13-22, enacted by Ga. L. 1990, p. 711, § 1.

O.C.G.A. § 31-13-23 Transfer of powers and duties between Department of Natural Resources and Department of Community Health

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The Governor shall have the authority to transfer powers and duties enumerated in this chapter between the Department of Natural Resources and the Department of Community Health as he deems appropriate by executive order. History. — Code 1981, § 31-13-23, enacted by Ga. L. 1990, …

O.C.G.A. § 31-13-24 Effect on proceedings commenced before April 4, 1990; continuation of federal aid to agency receiving transfer of functions

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This chapter shall not affect the validity of any judicial or administrative proceeding pending or which was commenced before April 4, 1990, and any successor department shall be substituted as the proper party at interest. Furthermore, upon the transfer of any function under thi…

O.C.G.A. § 31-13-25 Rules, regulations, agreements, and contracts formerly under Department of Human Resources (now known as the Department of Community Health for these purposes)

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All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources (now known as the Department of Community Health for these purposes) will, by operation of law, be ass…

O.C.G.A. § 31-13-3 Definitions

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As used in this chapter, the term: (1) ‘‘Accelerator produced radioactive material’’ means any material made radioactive by a particle accelerator. (1.1) ‘‘By-product material’’ means any radioactive material, except special nuclear material, yielded in or made radioactive by exp…

O.C.G.A. § 31-13-4 Administration of state-wide radiation control program for radiation generating equipment

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The Department of Community Health is designated the state agency to administer a state-wide radiation control program for radiation generating equipment consistent with this chapter and any environmental laws, rules, regulations, standards, or limitations administered by the Dep…

O.C.G.A. § 31-13-4.1 Administration of state-wide radiation control program for radioactive materials

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The Department of Natural Resources is designated the state agency to administer a state-wide radiation control program for radioactive materials consistent with this chapter. History. — Code 1981, § 31-13-4.1, enacted by Ga. L. 1990, p. 711, § 1.

O.C.G.A. § 31-13-5 Powers and duties of Department of Community Health and Department of Natural Resources; enforcement of chapter through inspection; training programs

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(a) For the protection of the public health and safety, the Department of Community Health, with regard to radiation generating equipment, and the Department of Natural Resources, with regard to radioactive materials, are empowered to: (1) Develop comprehensive policies and progr…

O.C.G.A. § 31-13-6 Bonding licensees

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(a) The Department of Natural Resources may require the posting of a bond not to exceed $5 million by an existing general or specific licensee by amendment to an existing license or by a person making an application for a new general or specific license, in order to assure the av…

O.C.G.A. § 31-13-7 Permits for disposal of radioactive waste; bonding of permittees

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(a) No person shall construct or operate a site or other facility for the concentration, storage, or burial of radioactive waste without first securing a permit for such construction or operation from the director of the Environmental Protection Division of the Department of Natu…

O.C.G.A. § 31-13-8 Licensing users of by-product, source, and special nuclear materials as sources of ionizing radiation

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(a) The Governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain responsibilities of the federal government with respect to sources of ionizing radiation and the assumption of such responsibiliti…

O.C.G.A. § 31-13-8.1 General or specific licensing for use, manufacture, transport, transactions in, and possession of radioactive material

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The Department of Natural Resources shall establish, manage, and administer a program for the general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radioactive material including by-product, source, or specia…

O.C.G.A. § 31-13-8.2 Licensing of diagnostic and therapeutic medical uses of radioactive materials

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The Department of Community Health is authorized to provide by rule or regulation for the registration and periodic renewal of registration of persons to sell, distribute, assemble, use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radiation genera…

O.C.G.A. § 31-13-9 Records of use of radiation sources and exposure of employees to radiation

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(a) The Department of Community Health and the Department of Natural Resources are authorized to require, in accordance with applicable provisions of this chapter, each person who possesses or uses a source of radiation (1) to maintain appropriate records relating to its receipt,…