# Title 33.1 — Department of Environmental Quality

## Article 33.1-10 — Radiological Health Rules

## Chapter 33.1-10-10.1 — Notices, Instructions, and Reports to Workers - Inspections

### § 33.1-10-10.1-01. Adoption by reference of several sections in 10 Code of Federal Regulations

part 19.
10 Code of Federal Regulations 19.1, 19.2, 19.3, 19.5, 19.11, 19.12, 19.13, 19.14, 19.15, 19.16,
19.17, 19.18, 19.20, 19.31, and 19.32 are adopted by reference as they exist on November 16, 2020,
with the following exceptions:
1. Not adopted by reference is 10 Code of Federal Regulations 19.14(a).
2. All of the requirements in chapter 33.1-10-10.1 apply to both licensees and registrants. A
reference in 10 Code of Federal Regulations part 19 to "license" includes "registration", a
reference to "licensee" includes "registrant", a reference to "licensed" includes "registered",
and a reference to "licensed radioactive material" includes "registered source of radiation".
"Registrant" means any person who is registered with the department and is legally obligated
to register with the department pursuant to article 33.1-10 and North Dakota Century Code
chapter 23.1-03. "Registration" means the notification of the department of environmental
quality of possession of a source of radiation and the furnishing of information with respect
thereto, in accordance with North Dakota Century Code chapter 23.1-02.
3. Where the words "NRC", "commission", "nuclear regulatory commission", "United States
nuclear regulatory commission", "administrator of the appropriate commission regional office",
"administrator of the appropriate regional office", "regional office administrator", "executive
director for operations", "regional administrator of the appropriate United States nuclear
regulatory commission regional office", or "agency" appear in 10 Code of Federal Regulations
part 19, substitute the words "department of environmental quality".
4. "Act" includes North Dakota Century Code chapters 23.1-02 and 23.1-03.
5. State form number 8414, "notice to employees", must be posted in place of United States
nuclear regulatory commission form 3 that is specified in 10 Code of Federal Regulations
part 19.
6. Where 10 Code of Federal Regulations part 19 specifies contacting the United States nuclear
regulatory commission, contact the department of environmental quality.
History: Effective January 1, 2019; amended effective January 1, 2023.
General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18
