Section 330.320  Renewal Requirements for Specific Licenses

a)         Each licensee issued a specific license shall maintain a valid specific license until the licensee completes the license termination requirements of Section 330.325 and the Agency has notified the licensee in writing that the specific license is terminated.  Each specific license and any amendment to the license issued by the Agency contains an expiration date.  Unless the specific license has been terminated in accordance with Section 330.325, the licensee shall, 30 days prior to the expiration date of the license, file with the Agency:

1)         A complete application, in proper format, for license renewal as provided in Section 330.240; or

2)         A complete application, in proper format, for a license authorizing, at a minimum, continued possession and storage of any radioactive materials possessed under the expiring specific license.

b)         In any case in which a licensee, not less than 30 days prior to expiration of an existing license, has filed an application in proper form for renewal or for a new license authorizing the same activities, the existing license shall not expire until final action has been taken by the Agency.

AGENCY NOTE:  Nothing in this subsection (b) is intended to limit the Agency's authority, if circumstances warrant, to take emergency action in accordance with the Act [420 ILCS 40], or other appropriate action in regard to a specific license in accordance with procedures in 32 Ill. Adm. Code 200.

c)         A licensee who fails to comply with the requirements of subsection (a) shall be subject to such civil penalties and sanctions as may be appropriate to the circumstances, in accordance with the Radiation Protection Act and 32 Ill. Adm. Code 310.  In addition, if the expiration date passes without license termination requirements having been met by the licensee and without a timely renewal application having been filed by the licensee before the expiration date, the authority of the licensee to engage in licensed activities as specified in the specific license shall expire at the end of the specified expiration date.  The passing of the expiration date shall not relieve the licensee of the duties and responsibilities of applying for and maintaining a valid specific license, decommissioning, reclaiming, and meeting the license termination requirements of Section 330.325.  Immediately upon the passing of the expiration date, a licensee that has neither met license termination requirements nor filed a timely application under subsection (a) shall:

            1)         Cease use of radioactive material;

            2)         Store all radioactive material in a secure location and limit activities involving radioactive material to those necessary for shipping, transferring and disposing of the radioactive material;

            3)         File either a new application for a specific license or provide information equivalent to that required on Agency Form KLM.007 (Certificate Termination and Disposition or Radioactive Material);

            4)         Comply with all applicable Agency regulations;

            5)         Comply with the license conditions of the expired license until either a new license is issued or the termination requirements of Section 330.325 are met; and

6)         Comply with any orders issued by the Agency in accordance with the Act  and 32 Ill. Adm. Code 200 that result from violation of subsection (a) or any other applicable provisions of Agency regulations or the Act.

(Source:  Amended at 35 Ill. Reg. 2931, effective February 7, 2011)