2012 Delaware Code
Title 16 - Health and Safety
CHAPTER 74. RADIATION CONTROL
§ 7404. Authority on Radiation Protection.

(a) There is created an Authority on Radiation Protection which shall be governed in accordance with Authority bylaws, established to ensure integrity, accountability and transparency regarding decisions of the Authority which impact the citizens of Delaware. The Authority shall consist of the following members:

(1) The Secretary of the Department of Health and Social Services or the Secretary's duly authorized designee;

(2) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee;

(3) The Lead Administrator of the Office of Radiation Control in the Division of Public Health, Department of Health and Social Services and 12 other persons who shall be appointees of the Governor to include:

a. One appointee shall be from the Medical Society of Delaware,

b. One appointee shall be from the Delaware State Osteopathic Association;

c. One appointee shall be from the Dental Society of Delaware;

d. One appointee shall be a qualified member from the staff or faculty of the University of Delaware or Delaware State University;

e. One appointee shall be a nonmedical member from industry; and

f. The remaining 7 shall be appointed members of the public who need not fall into any of the other categories for membership on the Authority, but who have an interest in radiation protection. Each nonpublic member shall have had training in 1 or more of the following fields: radiology, nuclear medicine, radiation physics, health physics or related sciences with specialization in ionizing radiation, provided however, that not more than 2 persons shall be specialists in any 1 of the above-named fields. Each county shall be represented by at least 2 members. Each of the 15 members shall have 1 vote.

(b) Authority members appointed by the Governor shall be appointed for a term of 3 years. Two shall be initially appointed for terms of 1 year, 1 for a term of 2 years and 1 for a term of 3 years. The terms shall commence on July 1 in the year of appointment. Each Authority member shall hold over after the expiration of the member's term until the member's successor has been appointed and has taken office. Vacancies shall be filled for the unexpired term.

(c) The Secretary of Health and Social Services or the Secretary's duly authorized designee shall be Secretary of the Authority, and shall provide staffing and facilities required to enable the Office of Radiation Control to deliver core services as defined by the Delaware Radiation Control Regulations, as promulgated or amended by the Authority. The Office of Radiation Control in the Department of Health and Social Services shall be the administrative agent for the Authority. The Office of Radiation Control in the Department of Health and Social Services shall make such inspections, conduct such investigations, collect fees or administrative penalties established or levied by the Authority, administer such revenue through the General Fund, and do such other acts as may be necessary to carry out this chapter within the limits of the appropriation made for this purpose. The administrative agent shall have all of the powers conferred by law upon the Authority except adopting the rules and regulations provided for in this chapter, subject, however, to the general direction of the Authority.

(d) Members of the Authority shall be eligible to be reimbursed for travel to and from each meeting. However a member may not receive more than $50 for each meeting attended, and not more than a total of $500 for meetings attended in any calendar year.

(e) The Authority shall elect a Chairperson to serve for 1 year from those members appointed by the Governor. The Chairperson shall lead biennial review of the Authority bylaws, chair public hearings and issue approval of regulations amended or promulgated by the Authority. A majority of the Authority shall constitute a quorum to transact its business.

(f) The Authority shall hold at least 4 regular meetings each calendar year and such special meetings as it deems necessary.

(g) The Authority shall establish and provide biennial review of an Authority bylaw which defines policy on major governance elements that shall include, but is not limited to: criteria for approval of Authority decisions, selection of members, addressing potential conflict of interest, and management of public funds.

(h) The Authority shall review policies and programs relating to control of ionizing radiation and make recommendations thereon to the agencies of the State.

(i) The Authority may aid the Department of Health and Social Services in the employment, training of and prescribing of the power and duties of such individuals as may be necessary to carry out this chapter.

16 Del. C. 1953, § 7404; 56 Del. Laws, c. 266, § 1; 57 Del. Laws, c. 591, §§ 16, 17; 60 Del. Laws, c. 698, § 2; 64 Del. Laws, c. 302, §§ 1, 2; 67 Del. Laws, c. 192, § 5; 69 Del. Laws, c. 67, § 2; 70 Del. Laws, c. 149, § 198; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 249, § 2.;