Legislative: |
Original 10 Articles promulgated by Atomic Energy Council, Executive Yuan on January 22, 2003 under Decree No. Hui-Fu-Tzu 0920001585 Articles 3, 4, 5, and 10 revised and promulgated by Atomic Energy Council, Executive Yuan on January 7, 2011 under Decree No. Hui-Fu-Tzu 1000000083 Amendment of Articles 4 on December 24, 2012 by the Atomic Energy Council Per its decree No. Huei-Fu-Tsu 1010020805 |
Content: |
Article 1
These regulations are stipulated pursuant to Article 30,
Paragraph 2 of the Ionizing Radiation Protection Act (
hereinafter referred to as“this Act”)
Article 2
The production facilities of radioactive material (hereinafter
referred to as “facilities”) indicate equipment which use an
electromagnetic field, nuclear reaction, etc. method to produce
radioactive material.
Article 3
Persons who have received a radiation safety certificate or a
radiation related certificate accredited by the Competent
Authority as defined in the proviso of Article 31, Paragraph 1
of this Act, and completed facilities operation training and
practical operation training, may fill in an application form
with the following documents attached, and submit the
application through the facility operator to the Competent
Authority for review. Approved applicants will receive an
operator certificate.
1. Certificate of employment.
2. Copy of a radiation related certificate, as accredited by
the Competent Authority.
3. Certificate in operation training of facilities.
4. Certificate in practical operation training of facilities
(including commissioning period).
In the case where a foreign natural person is employed to do
work under a contract at a production facility of radioactive
material, relating to contracting, purchasing, technical
support, or other contract liability engaged in the R.O.C.,
the facility operator shall submit the certificate, stating that
the foreign natural person possesses at least three months of
operating experience with similar facilities in a foreign
country, to the Competent Authority for review and approval
before commencing the work.
Article 4
For the operation training and practical operation training of
the facilities mentioned in Article 3, the facility operator
shall provide the training course, training hours, instructors,
and trainee enrollment relating to the facility system and
operating technical specifications (including normal, unusual,
and emergency procedures) to the Competent Authority for review
and approval before commencing training.
The operation training hours of the above mentioned production
facilities shall not be less than 30 hours; practical operation
training hours shall not be less than 160 hours. The operation
training and practical operation training shall be completed
within two years from the approval of the Competent Authority;
however, it may be extended for one year if necessary. An
examination shall be given following the completion of training.
Only those who pass will receive the training certificate.
The practical operation training in Paragraph 1 shall be
provided by instructors who meet the qualifications as
stipulated in these Regulations for the operators.
Article 5
Operator certificates issued in accordance with these
Regulations shall be valid for six years. The operator may
apply for renewal of certificate within two months before the
expiration date by submitting a renewal application form with
the following documents through the facility operator to the
Competent Authority for approval:
1. Certificate of employment.
2. Qualification of physical checkup as defined in this Act.
3. Has received the following training or credits more than 36
hours in total during the period of certificate validity:
(1) The qualification of radioactive protection training held
by the radiation protection training providers, as
accredited by the Competent Authority.
(2) Educational credits or advanced education credits as listed
in Article 7, Paragraph 1 of Administrative Regulations
for Radiation Protection Personnel.
(3) Periodical educational training as defined in Article 14,
Paragraph 4 of this Act.
The applicant with an expired certificate shall fill in the
application form along with the documentary proof of the
abovementioned training or credits of no less than 36 hours in
the past six years, and submit the application through the
facility operator to the Competent Authority for approval.
The credit for the aforesaid two items shall be counted as 1
hour per credit.
Article 6
If the operator certificate is missing, destroyed or there is a
change of printed items during the valid period, the applicant
shall fill in the replacement application form with related
documentary proof attached, and submit the application through
the facility operator to the Competent Authority for reissue.
The period of effectiveness for the certificate is the same as
that for the original certificate.
Article 7
Persons who have received an above-intermediate level operation
license approved by the Competent Authority or passed an above-
intermediate level operation qualification test by the Competent
Authority prior to the implementation of this Act shall fill in
the application form with the operation license or qualification
attached, and submit the application through the facility
operator to the Competent Authority, for the replacement of the
operator certificate.
Article 8
If the documentary proof attached to the operation certificate
application form is found to be false, the Competent Authority
may revoke the issued operator certificate.
If persons are found to have committed one of the following
offenses, the Competent Authority may terminate the operator
certificate:
1.Personnel performance causing serious environmental
contamination or endangerment to human health.
2.The operator certificate has been leased or lent for use to
another person.
3.Violation of the professional Regulations.
4.A crime has been committed in the course of business relating
to Article 38 or 39 of this Act.
5.Any other situation determined by the Competent Authority to
be a major violation.
Persons whose operator certificate has been revoked or terminated
by the Competent Authority will not be allowed to apply within
one year after the effective date of revocation or termination.
Article 9
The format for all documents and forms stipulated in the
Regulations shall be determined by the Competent Authority.
Article 10
These regulations shall take effect immediately on the day of
implementation of this Act.
The amendment to these regulations shall take effect on the day
of promulgation. |