2018 New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 3 - Radiation Control
Section 74-3-5 - Radiation protection consultant; radiation regulations; inspection.
A. The board shall be the radiation protection consultant for all agencies and institutions of the state and shall, with the advice and consent of the council, have the authority, after considering the facts and circumstances and following the procedures set forth in Section 74-1-9 NMSA 1978, to promulgate rules:
(1) concerning the health and environmental aspects of the use, management, storage and disposal of radioactive material and the operation of ionizing and non-ionizing radiation emitting equipment;
(2) prescribing license, registration and other related fees, all of which shall be deposited in the radiation protection fund;
(3) requiring the posting of a bond running only to the state for licensed activities, which bond shall be adequate to insure, in the event of abandonment, default or other performance inabilities of the licensee, compliance with the requirements of the rules or license conditions, including actions of the licensee required during or after the cessation of operations, which bond shall be released upon demonstration by the licensee that the conditions of the license have been satisfied; and
(4) establishing continued care fund deposit requirements and other continued care requirements as provided in Section 74-3-6 NMSA 1978.
B. Upon adoption, rules shall be furnished to interested parties upon request.
C. In order to carry out the purposes of the Radiation Protection Act, the director or his authorized representatives may, as a condition of license or registration, enter at all reasonable times in or upon any private or public property where the director has reasonable cause to believe there is radioactive material or radiation equipment.
History: Laws 1959, ch. 185, § 4; 1953 Comp., § 12-9-4; Laws 1971, ch. 277. § 18; reenacted as 1953 Comp., § 12-9-5 by Laws 1971, ch. 284, § 5; 1977, ch. 343, § 5; 2000, ch. 86, § 3.
Repeals and reenactments. — Laws 1971, ch. 284, § 5 repealed former 12-9-5, 1953 Comp., relating to the registration of radiation sources, and enacted a new 74-3-5 NMSA 1978.
Cross references. — For definitions of "board," "council," "director" and "agency," see 74-3-4 NMSA 1978 and notes thereto.
The 2000 amendment, effective May 17, 2000, in the preliminary language of Subsection A, substituted "74-1-9 NMSA 1978" for "12-12-13 NMSA 1953" and deleted "and regulations" following "rules"; inserted "the use, management, storage and disposal of", "the operation of ionizing and non-ionizing" and "emitting" in Subsection A(1); in Subsection A(2), inserted "registration and other related" and substituted "radiation protection fund" for "general fund"; substituted "rules" for "regulations" in Subsections A(3) and B; substituted "74-3-6 NMSA 1978" for "12-9-5.1 NMSA 1953" in Subsection A(4); and deleted "of the agency" following "the director" in Subsection C.
Council's "advice and consent" must be clear before regulation adopted. — Before the environmental improvement board can formally adopt a regulation, it must obtain the express recommendation and approval of the regulation by the radiation technical advisory council. The "advice and consent" of the council must be stated plainly and unequivocally. Kerr-McGee Nuclear Corp. v. N.M. Envtl. Improvement Bd., 1981-NMCA-044, 97 N.M. 88, 637 P.2d 38, cert. quashed, 97 N.M. 242, 637 P.2d 1087.
Board may require survey reporting to effectuate registration of X-ray equipment. — The board is authorized to adopt regulations providing for the survey of X-ray equipment used by members of the healing arts professions and also can require that the health and environment department (now department of health) be notified of sales and service of X-ray equipment in order to insure complete registration of such equipment. 1964 Op. Att'y Gen. No. 64-44.
Promulgation of rules and regulations. — The environmental improvement board is authorized to promulgate rules and regulations for radiation protection without the radiation technical advisory council approving the terms of such rules and regulations if the board promulgates regulations pursuant to the Medical Radiation Health and Safety Act [now Medical Imaging and Radiation Therapy Health and Safety Act, Chapter 61, Article 14E NMSA 1978]; but the board may not do so without the council's approval if the regulations are promulgated pursuant to this act. 1988 Op. Att'y Gen. No. 88-39.
Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
For annual survey of New Mexico law relating to administrative law, see 13 N.M.L. Rev. 235 (1983).
