New Mexico Administrative Code

A. The department may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of this chapter as it determines are authorized by law, will not endanger public health and safety or property and are otherwise in the public …

Each licensee and registrant shall maintain records showing the receipt, transfer and disposal of all sources of radiation. Additional record requirements are specified elsewhere in these regulations.

A. Each licensee and registrant shall afford the department at all reasonable times, opportunity to inspect sources of radiation and the premises and facilities wherein such sources of radiation are used or stored. B. Each licensee and registrant shall make available to the depar…

Each licensee and registrant shall perform, or permit the department to perform such tests as the department deems appropriate or necessary for the administration of the requirements in this chapter, including, but not limited to, tests of: A. sources of radiation; B. facilities …

The department may impose upon a licensee or registrant such requirements in addition to those established in this chapter as it deems appropriate or necessary to minimize danger to public health and safety or property.

A. Violation of any requirement of the act, this chapter or a license or registration condition may result in enforcement proceedings under Section 74-3-11.1, NMSA 1978, including, but not limited to, the following: (1) issuing a compliance order or assessing a civil penalty of u…

Sources of radiation shall be subject to impounding pursuant to the act.

A. A hand-held fluoroscopic screen shall not be used with x-ray equipment unless it has been listed in the registry of sealed sources and devices or accepted for certification by the FDA, or the center for devices and radiological health (CDRH). B. A shoe-fitting fluoroscopic dev…

Except as specifically authorized by the department in writing, no interpretation of these regulations by an officer or employee of the department other than a written interpretation by the legal counsel will be recognized to be binding upon the department.

All communications and reports concerning these regulations and applications filed thereunder should be addressed to the department at its office as follows: New Mexico Environment Department, Radiation Control Bureau, P.O. Box 5469, Santa Fe, NM 87502-5469.

A. All documents referenced in these regulations are available for review at the offices of the department's radiation control bureau. B. All forms referenced in these regulations may be obtained for review at the offices of the department's radiation control bureau.

A. Any licensee, registrant, applicant for a license or registration, employee of a licensee, employee of a registrant or registration applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or re…

A. Information provided to the department by an applicant for a license or registration, or by a licensee or registrant or information required by statute or by the department's regulations, orders, or license or registration conditions to be maintained by the applicant or the li…

Amendment and supersession of this chapter shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any license or registration issued pursuant to this chapter.

Except as otherwise specifically provided, this part applies to all persons who receive, possess, use, transfer, own or acquire any source of radiation; provided, however, that nothing in this part shall apply to any person to the extent that such person is subject to regulations…

Sections 74-1-9, 74-3-5 and 74-3-9 NMSA 1978.

Permanent.

April 30, 2009, unless a later date is cited at the end of a section.

A. To protect the public and occupationally exposed individuals from unnecessary exposure to ionizing radiation. B. To provide for the safe possession and use of radioactive materials and radiation machines in keeping with the ALARA principle, as defined in 20.3.4.7 NMAC.

As used in these regulations, these terms have the definitions as set forth below. A. "Accelerator" (See particle accelerator). B. "Accelerator produced material" means any material made radioactive by exposure to radiation from a particle accelerator. C. "Act" means the Radiatio…

Environmental Improvement Board.

A. Each licensee or registrant shall post current copies of the following documents: (1) the regulations in this part and in 20.3.4 NMAC; (2) the license, certificate of registration, license conditions or documents incorporated into a license by reference and amendments thereto;…

A. All individuals who in the course of employment are likely to receive in a year an occupational dose in excess of 100 millirems (1 millisievert) shall be: (1) kept informed of the storage, transfer, or use of radiation or radioactive material or both; (2) instructed in the hea…

A. Radiation exposure data for an individual and the results of any measurements, analyses and calculations of radioactive material deposited or retained in the body of an individual shall be reported to the individual as specified in this section. The information reported shall …

A. Each licensee, applicant for a license or registrant shall afford to the department at all reasonable times opportunity to inspect materials, machines, activities, facilities, premises and records pursuant to this chapter. B. During an inspection, department inspectors may con…

A. Department inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of the department rules and licenses to the extent the inspectors deem necessary for the conduct of an effective …

A. Any worker or representative of workers who believes that a violation of the act, the rules in this chapter, or license conditions exists or has occurred in work under a licensee or registration with regard to radiological working conditions in which the worker is engaged, may…

A. If the department determines with respect to a complaint under 20.3.10.1006 NMAC, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the department shall notify the complainant in writing of such dete…

This part establishes requirements for notices, instructions and reports by licensees, registrants and regulated entities to individuals engaged in department-licensed and regulated activities. This includes options available to such individuals in connection with department insp…

Sections 74-1-9, 74-3-5 and 74-3-9 NMSA 1978.

Permanent.

June 30, 2011, unless a later date is cited at the end of a section.

A. To ensure the proper instruction of workers in regards to radiological working conditions, and to ensure that adequate notice and reporting is provided to workers regarding radiological working conditions. B. To provide for the safe possession and use of radioactive materials …

A. "Regulated activities" means any activity carried on which is under the jurisdiction of the department under the act. B. "Regulated entities" means any individual, person, organization or corporation that is subject to the regulatory jurisdiction of the department, including b…

[RESERVED]

A. Use. (1) The registrant shall assure that all x-ray equipment under his control is operated only by individuals adequately instructed in safe operating procedures and competent in safe use of the equipment. (2) The registrant shall provide safety rules to each individual opera…

A. Emission Limit.: (1) Radiation emitted from the cabinet x-ray system shall not exceed an exposure of 0.5 mrem (5 mSv) per hour at any point 5 cm outside the external surface. (2) Compliance with the exposure limit in Section 1103.A.1 [Paragraph (1), Subsection A of 20.3.11.110…

This Subpart [20.3.11 NMAC] establishes requirements for use of cabinet x-ray systems, including x-ray systems used for inspection of carry-on baggage at airline terminals and similar facilities. The provisions of this Subpart [20.3.11 NMAC] are not applicable to systems which ar…

[RESERVED]

[RESERVED]

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[RESERVED]

A. "Access panel" means any barrier or panel which is designed to be removed or opened for maintenance or service purposes, requires tools to open, and permits access to the interior of the cabinets. B. "Aperture" means any opening in the outside surface of the cabinet, other tha…

Environmental Improvement Board.

A. Agreement with well owner or operator. (1) A licensee may perform well logging with a sealed source only after the licensee has a written agreement with the employing well owner or operator. This written agreement shall identify who will meet the requirements of Subsections B …

A. Logging supervisor. The licensee may not permit an individual to act as a logging supervisor until that person has met all of the following requirements: (1) the person has completed training in the subjects outlined in Subsection E of this section; (2) the person has received…

Each licensee shall develop and follow written operating and emergency procedures that cover the following topics: A. the handling and use of licensed materials including the use of sealed sources in wells without surface casing for protecting fresh water aquifers, if appropriate…