19-3-103.1.  Board authority and duties under this part.

(1)  The board may:

Terms Used In Utah Code 19-3-103.1

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to implement this part;

(b) 

(i)  hold a hearing that is not an adjudicative proceeding; or

(ii)  appoint a hearing officer to conduct a hearing that is not an adjudicative proceeding;

(c)  accept, receive, and administer grants or other money or gifts from public and private agencies, including the federal government, for the purpose of carrying out any function of this chapter;

(d)  order the director to impound radioactive material in accordance with Section 19-3-111; or

(e)  advise, consult, cooperate with, or provide technical assistance to another agency of the state or federal government, another state, an interstate agency, an affected group, an affected political subdivision, an affected industry, or other person in carrying out the purposes of this part.

(2)  The board shall:

(a)  promote the planning and application of pollution prevention and radioactive waste minimization measures to prevent the unnecessary waste and depletion of natural resources;

(b)  to ensure compliance with applicable statutes and rules:

(i)  review a settlement negotiated by the director in accordance with Subsection 19-3-108.1(2)(c) that requires a civil penalty equal to or greater than $25,000; and

(ii)  approve or disapprove the settlement described in Subsection (2)(b)(i); and

(c)  review the qualifications of, and issue certificates of approval to, individuals who:

(i)  survey mammography equipment; or

(ii)  oversee quality assurance practices at mammography facilities.

(3)  The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under Section 19-3-108.1:

(a)  a permit;

(b)  a license;

(c)  a registration;

(d)  a certification; or

(e)  another administrative authorization made by the director.

Amended by Chapter 4, 2020 Special Session 5