3701:1-44-15 General requirements for issuance of specific licenses.  

  • Text Box: ACTION: Original Text Box: DATE: 05/06/2013 1:28 PM

     

     

     

    NOTICE OF PUBLIC HEARINGS

     

    DATE:   Wednesday, June 12, 2013

    TIME:    3:00 P.M.

    PLACE: Basement Training Room A OHIO DEPARTMENT OF HEALTH

    35 East Chestnut Street Columbus, Ohio 43215

     

     

    In accordance with Chapter 119 of the Revised Code (R.C.), the Director (Director) of the Ohio Department of Health (ODH), or his designee, shall conduct the following two public rules hearings.

     

    HEARING #1: By authority of R.C. 3701.143, the Director proposes to amend O.A.C. rules 3701-53-04 and 3701-53-09; these rules pertain to the Alcohol and Drug Testing Program. Rule 3701-53-04 sets forth calibration, quality assurance, and record keeping requirements for evidential breath testing instruments. ODH proposes to amend the rule: 1) to require that the Intoxilyzer model 8000(OH-5) automatically perform a dry gas control test before and after every subject test and instrument certification using a dry gas standard traceable to the national institute of standards and technology (NIST); 2) to clarify that a subject test includes two breath samples; 3) to clarify that the automatic dry gas control test is required before and after every subject test, and not before and after each of the two breath samples (blows) that are included in a single subject test.

     

    Rule 3701-53-09 sets forth requirements for law enforcement personnel to obtain permits and operator access cards for different approved evidential breath testing instruments. Besides minor corrections, ODH proposes changes to 1) specify that the "permit" to operate the Intoxilizer model 8000 (OH-5) shall be in the form of an operator access card; 2) eliminate language that some municipal courts have interpreted to prohibit law enforcement officers who hold operator an access card from performing breath tests on other approved evidential breath testing instruments for which they are also properly qualified and separately permitted; and 3) include language that specifically authorizes law enforcement officers who meet applicable qualifications and obtain permits for each  instrument  to operate any and all of the approved breath testing instruments.

     

    HEARING #2: By authority of R.C. 3748.04, the Director proposes to amend O.A.C. rules 3701:1-38-01,  3701:1-40-14,  3701:1-40-15,  3701:1-44-15,  and  3701:1-49.03.  These

    Bureau of Radiation Protection rules are proposed for amendment to keep them compatible with federal regulations in support of United States Nuclear Regulatory Commission document RATS 2011-2.

     

    Rule 3701:1-38-01 provides definitions for terms used in O.A.C. Chapter 3701:1-38 and all other rules promulgated pursuant to Ohio Revised Code Chapter 3748. Proposed amendments add a definition for "construction," amend the definition of "commencement of construction," and re-number subsequent paragraphs;

     

    Rule 3701:1-40-14 sets forth requirements for applying for a specific radioactive material license. The rule is amended to add language prohibiting an applicant from commencement of construction activities in areas covered by the environmental reporting requirements identified in rules 3701:1-40-30 and 3701:1-40-38 of the Administrative Code;

     

     

     

     

     

    Rule 3701:1-40-15 sets forth general requirements for an applicant to receive a specific radioactive material license. The rule is amended to delete a definition of "commencement of construction," and to reference the definition of same in O.A.C. rule 3701:1-38-01.

    Rule 3701:1-44-15 sets forth general requirements for an applicant to receive a specific radioactive material license for source material. Principal amendments 1) delete the definition of "commencement of construction" and reference the definition of same in O.A.C. rule 3701:1-38-01; and 2) prohibit the applicant from commencement of construction with respect to materials listed in paragraph (A)(4) until the director has issued a license; and

    Rule 3701:1-49-03 sets forth application requirements for specific well-logging licenses. The proposed amendment updates a citation.

    At the hearings, people affected by the proposed actions may appear and be heard in person, by an attorney or both; may present their positions, arguments, or contentions orally or in writing; may offer witnesses;  and may present evidence tending to show that the proposed rules, if adopted or effectuated, will be unreasonable or unlawful.                                                 To aid in getting visitors through building security, both persons intending to testify at one or more e hearing and those simply intending to observe are encouraged to pre-register by writing the Office of the General Counsel [Rules], Ohio Department of Health, 246 North High Street, Columbus, Ohio 43215, by telephoning (614) 466-4882, or by sending an e-mail to  odhrules@odh.ohio.gov.

    Copies of the proposed rules are available on the Register of Ohio website. A link to this site may be found at http://www.odh.ohio.gov/rules/pending.aspx or from the Office of the General Counsel, Ohio Department of Health. Please FAX [(614) 564-2509], mail, or e-mail any written comments by 5:00 p.m. on June 11, 2013.

    May 6, 2013