OAR 333-100-0025: Exemptions

(1) General Provision. The Authority may, upon a registrant's or licensee's request or upon its own initiative, grant an exemption from a requirement in OAR chapter 333, divisions 100 through 123 and 125 if the exemption will not result in an undue hazard to the public and worker health and safety, property or material security and the requirement is not mandated by statute. (a) A person may apply for an exemption by submitting a written request to the Authority and mailing to: Oregon Health Authority, Radiation Protection Services, 800 NE Oregon St. Suite 640, Portland, Oregon 97232. (b) The request for rule exemption must be received by the Authority at least 120 days before the proposed effective date. (c) A request for exemption must include but is not limited to: (A) Identification of the requirements, by rule number, for which the exemption is being sought; (B) The reason for the exemption; (C) An explanation as to why granting an exemption will not result in an undue hazard to the public, worker health and safety, property or material security; and (D) Any other documents or information in supporting the request for exemption. (d) The Authority will review a written request and all supporting documents, seek feedback from the Authority's Radiation Advisory Committee with regard to the request, and may grant the exemption if the written request meets the requirements of this rule. (2) The Authority may grant an immediate exemption for an imminent threat to patient, worker, or public safety; or when the applicant can demonstrate that immediate relief from rule would benefit patient care prior to the request for exemption being reviewed by the Radiation Advisory Committee. (3) U.S. Department of Energy Contractors and U.S. Nuclear Regulatory Commission Contractors. Any U.S. Department of Energy contractor or subcontractor and any U.S. Nuclear Regulatory Commission contractor or subcontractor of the following categories operating within this state is exempt from these rules to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers or acquires sources of radiation: (a) Prime contractors performing work for the U.S. Department of Energy at U.S. Government-owned or controlled sites, including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruptions of such transportation; (b) Prime contractors of the U.S. Department of Energy performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof; (c) Prime contractors of the U.S. Department of Energy using or operating nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel; and (d) Any other prime contractor or subcontractor of the U.S. Department of Energy or of the U.S. Nuclear Regulatory Commission when the state and the U.S. Nuclear Regulatory Commission jointly determine: (A) That the exemption of the prime contractor or subcontractor is authorized by law; and (B) That, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety.