# Wis. Admin. Code DHS § 157.13: Specific licenses

> Wisconsin · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_13

## Section

- **Citation:** Wis. Admin. Code DHS § 157.13
- **Heading:** Specific licenses
- **Jurisdiction:** Wisconsin
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wisconsin Administrative Code / DHS / Chapter DHS 157 / § DHS 157.13

## Text

Specific licenses.
(1) Filing application for specific licenses.
(a) An application for a specific license shall be filed on a form prescribed by the department.
(b) The department may at any time after the filing of the original application, and before the expiration of the license, require further statements to enable the department to determine whether the application should be granted or denied or whether a license should be modified, suspended or revoked.
(c) The applicant, licensee or a person authorized to act on behalf of the applicant or licensee shall sign the application.
(d) A license application may include a request for a license authorizing one or more activities.
(e) In the application, the applicant may incorporate by reference information contained in previous applications, statements or reports filed with the department provided such references are clear and specific.
(f) The department shall make applications and documents submitted to the department available for public inspection under ss. 19.32 to 19.39 , Stats.
(g) Each application to possess radioactive material in unsealed form, on a foil or plated source, or sealed in glass in excess of the quantities in ch. DHS 157 Appendix P , “Quantities of Radioactive Materials Requiring Consideration of the Need for an Emergency Plan for Responding to a Release”, shall contain one of the following:
1. An evaluation showing that the projected dose to a person offsite due to a release of radioactive material would not exceed 0.01 Sievert (1 rem) total effective dose equivalent or 0.05 Sievert (5 rem) to the thyroid.
2. An emergency plan, reviewed and commented on by offsite response organizations expected to respond in the event of an accident, that contains the information described in ch. DHS 157 Appendix Q for responding to any event in which radioactive material could be released from the site.
al would not exceed 0.01 Sievert (1 rem) total effective dose equivalent or 0.05 Sievert (5 rem) to the thyroid.
2. An emergency plan, reviewed and commented on by offsite response organizations expected to respond in the event of an accident, that contains the information described in ch. DHS 157 Appendix Q for responding to any event in which radioactive material could be released from the site.
(h) Each application to use radioactive material in the form of a sealed source or in a device that contains a sealed source shall contain one of the following:
1. Information that identifies the source or device by manufacturer and model number as registered with the NRC under 10 CFR 32.210 or an agreement state, or for a source or device containing radium-226 or accelerator-produced radioactive material, information that identifies the source or device by manufacturer and model number as registered with a state under provisions comparable to 10 CFR 32.210 .
2. The information identified in 10 CFR 32.210(c) .
3. For sources or devices containing naturally occurring or accelerator-produced radioactive material manufactured prior to November 30, 2007 that are not registered with the NRC under 10 CFR 32.210 or with an agreement state, and for which the applicant is unable to provide all categories of information specified in 10 CFR 32.210 (c) , the applicant shall provide all available categories of information identified in 10 CFR 32.210 (c) concerning the source, and, if applicable, the device. For any unavailable categories of information specified in 10 CFR 32.210 (c) , the applicant shall provide sufficient additional information to demonstrate that there is reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property. Such information shall include a description of the source or device, a description of radiation safety features, the intended use and associated operating experience, and the results of a recent leak test.
4
rmation to demonstrate that there is reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property. Such information shall include a description of the source or device, a description of radiation safety features, the intended use and associated operating experience, and the results of a recent leak test.
4. For sealed sources and devices allowed to be distributed without registration of safety information in accordance with 10 CFR 32.210(g)(1) , the applicant may supply only the manufacturer, model number, and radionuclide and quantity.
5. If it is not feasible to identify each sealed source and device individually, the applicant may propose constraints on the number and type of sealed sources and devices to be used and the conditions under which they will be used, in lieu of identifying each sealed source and device.
(i) Each application for a specific license, other than a renewal, shall contain information describing how facility design and procedures for operation will minimize, to the extent practicable, contamination of the facility and the environment, facilitate eventual decommissioning and minimize, to the extent practicable, the generation of radioactive waste. Licensees shall, to the extent practical, conduct operations to minimize the introduction of residual radioactivity into the site, including the subsurface, in accordance with the existing radiation protection requirements in s. DHS 157.21 and the radiological criteria for license termination in s. DHS 157.33 .
issioning and minimize, to the extent practicable, the generation of radioactive waste. Licensees shall, to the extent practical, conduct operations to minimize the introduction of residual radioactivity into the site, including the subsurface, in accordance with the existing radiation protection requirements in s. DHS 157.21 and the radiological criteria for license termination in s. DHS 157.33 .
(j) Each application to produce Positron Emission Tomography (PET) radioactive drugs for noncommercial transfer to licensees in a consortium authorized for medical use under subch. VI or equivalent NRC or agreement state requirements shall include all the following:
1. A request for authorization for the production of PET radionuclides or evidence of an existing license issued by the department, NRC or an agreement state under this chapter or equivalent regulations for a PET radionuclide production facility within its consortium from which it receives PET radionuclides.
2. Evidence that the applicant is qualified to produce radioactive drugs for medical use by meeting one of the criteria in sub. (4) (i) .
3. Identification of any individual authorized to prepare the PET radioactive drugs if the applicant is a pharmacy, and documentation that each individual meets the requirements of an authorized nuclear pharmacist as specified in s. DHS 157.68 .
4. Information identified in sub. (4) (i) 3. on the PET drugs to be noncommercially transferred to members of a consortium.
(2) General requirements for the issuance of specific licenses. The department shall approve a license application within 180 working days of filing of a complete application if the department determines that all the following apply:
(a) The applicant is qualified by reason of training and experience to use the material in question for the purpose requested under the requirements of this chapter in a manner that minimizes danger to public health and safety or property.
tment shall approve a license application within 180 working days of filing of a complete application if the department determines that all the following apply:
(a) The applicant is qualified by reason of training and experience to use the material in question for the purpose requested under the requirements of this chapter in a manner that minimizes danger to public health and safety or property.
(b) The applicant’s proposed equipment, facilities and procedures are adequate to minimize danger to public health and safety or property.
(c)
1. In the case of an application for a license to receive and possess radioactive material for commercial waste disposal by land burial, or for the conduct of any other activity which the department determines will significantly affect the quality of the environment, the department, before commencement of construction of the plant or facility in which the activity will be conducted, has concluded, after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values.
2. Commencement of construction prior to the department’s conclusion in subd. 1. shall be grounds for denial of a license to receive and possess radioactive material in such plant or facility. As used in this paragraph the term “commencement of construction” means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The term does not mean site exploration, necessary roads for site exploration, borings to determine foundation conditions, or other pre-construction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values.
(d) The applicant satisfies any applicable requirements in subs. (3) , (4) and (6) , s. DHS 157.15 and subchs. IV , V and VI .
ot mean site exploration, necessary roads for site exploration, borings to determine foundation conditions, or other pre-construction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values.
(d) The applicant satisfies any applicable requirements in subs. (3) , (4) and (6) , s. DHS 157.15 and subchs. IV , V and VI .
(e) The applicant pays all applicable fees as specified in s. DHS 157.10 .
(f) In the case of an application for a license to possess and use an x-ray fluorescence analyzer (XRF) for the detection of lead in paint or portable gauges using sealed sources, the applicant shall verify that the operator training requirements of ch. DHS 157 Appendix S are met prior to the operator using the device.
(3) Special requirements for specific licenses of broad scope.
(a) This subsection prescribes requirements for the issuance of specific licenses of broad scope for radioactive material and certain regulations governing holders of the licenses.
(b) The different types of broad scope licenses are as follows:
1. A “Type A specific license of broad scope” is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of the radioactive material specified in the license, but not exceeding quantities specified in the license, for any authorized purpose. The quantities specified are usually in the multicurie range, but may be limited based on types of radioactive materials, proposed use and the training and experience of users.
2. A “Type B specific license of broad scope” is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of radioactive material specified in ch. DHS 157 Appendix C , for any authorized purpose. The possession limit for a Type B license of broad scope, if only one radionuclide is possessed under the license, is the quantity specified for that radionuclide in ch
broad scope” is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of radioactive material specified in ch. DHS 157 Appendix C , for any authorized purpose. The possession limit for a Type B license of broad scope, if only one radionuclide is possessed under the license, is the quantity specified for that radionuclide in ch. DHS 157 Appendix C , Column I. If 2 or more radionuclides are possessed under the license, the possession limit for each is determined as follows: For each radionuclide, determine the ratio of the quantity possessed to the applicable quantity specified in ch. DHS 157 Appendix C , Column I, for that radionuclide. The sum of the ratios for all radionuclides possessed under the license may not exceed unity.
3. A “Type C specific license of broad scope” is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of radioactive material specified in ch. DHS 157 Appendix C , for any authorized purpose. The possession limit for a Type C license of broad scope, if only one radionuclide is possessed thereunder, is the quantity specified for that radionuclide in ch. DHS 157 Appendix C , Column II. If 2 or more radionuclides are possessed thereunder, the possession limit is determined for each as follows: For each radionuclide, determine the ratio of the quantity possessed to the applicable quantity specified in ch. DHS 157 Appendix C , Column II, for that radionuclide. The sum of the ratios for all radionuclides possessed under the license may not exceed unity.
S 157 Appendix C , Column II. If 2 or more radionuclides are possessed thereunder, the possession limit is determined for each as follows: For each radionuclide, determine the ratio of the quantity possessed to the applicable quantity specified in ch. DHS 157 Appendix C , Column II, for that radionuclide. The sum of the ratios for all radionuclides possessed under the license may not exceed unity.
(c) The department shall approve an application for a Type A specific license of broad scope if all the following occurs:
1. The applicant satisfies the general requirements specified in sub. (2) .
2. The applicant has engaged in a reasonable number of activities involving the use of radioactive material.
3. The applicant has established administrative controls and provisions relating to organization and management, procedures, record keeping, material control, accounting and management review that are necessary to assure safe operations, including all of the following:
a. The establishment of a radiation safety committee composed of such persons as a radiation safety officer, a representative of management and persons trained and experienced in the safe use of radioactive material.
b. The appointment of a radiation safety officer who is qualified by training and experience in radiation protection and who is available for advice and assistance on radiation safety matters.
c. The establishment of appropriate administrative procedures to assure control of procurement and use of radioactive material; completion of safety evaluations of proposed uses of radioactive material which take into consideration such matters as the adequacy of facilities and equipment, training and experience of the user and the operating or handling procedures; and review, approval and recording by the radiation safety committee of safety evaluations of proposed uses prior to use of the radioactive material.
material; completion of safety evaluations of proposed uses of radioactive material which take into consideration such matters as the adequacy of facilities and equipment, training and experience of the user and the operating or handling procedures; and review, approval and recording by the radiation safety committee of safety evaluations of proposed uses prior to use of the radioactive material.
(d) The department shall approve an application for a Type B specific license of broad scope if all the following occurs:
1. The applicant satisfies the general requirements specified in sub. (2) .
2. The applicant has established administrative controls and provisions relating to organization and management, procedures, record keeping, material control, accounting and management review that are necessary to assure safe operations, including all the following:
a. The appointment of a radiation safety officer who is qualified by training and experience in radiation protection and who is available for advice and assistance on radiation safety matters.
b. The establishment of appropriate administrative procedures to assure control of procurement and use of radioactive material; completion of safety evaluations of proposed uses of radioactive material which take into consideration such matters as the adequacy of facilities and equipment, training and experience of the user and the operating or handling procedures; and review, approval and recording by the radiation safety officer of safety evaluations of proposed uses prior to use of the radioactive material.
ve material; completion of safety evaluations of proposed uses of radioactive material which take into consideration such matters as the adequacy of facilities and equipment, training and experience of the user and the operating or handling procedures; and review, approval and recording by the radiation safety officer of safety evaluations of proposed uses prior to use of the radioactive material.
(e) The department shall approve an application for a Type C specific license of broad scope if all the following occurs:
1. The applicant satisfies the general requirements specified in sub. (2) .
2. The applicant submits a statement that radioactive material will be used only by or under the direct supervision of individuals who have received all the following:
a. A college degree at the bachelor level in the physical or biological sciences or in engineering or equivalent training and experience.
b. At least 40 hours of training and experience in the safe handling of radioactive material and in the characteristics of ionizing radiation, units of radiation dose and quantities, radiation detection instrumentation and biological hazards of exposure to radiation appropriate to the type and forms of radioactive material to be used.
3. The applicant has established administrative controls and provisions relating to procurement of radioactive material, procedures, record keeping, material control, accounting and management review necessary to assure safe operations.
(f) A specific license of broad scope is subject to all of the following conditions:
1. Unless specifically authorized, a person licensed under sub. (3) may not do any of the following:
a. Conduct tracer studies in the environment involving direct release of radioactive material.

## Nearby sections

- [Wis. Admin. Code DHS § 157.01 Authority and purpose](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_01.md)
- [Wis. Admin. Code DHS § 157.02 Applicability](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_02.md)
- [Wis. Admin. Code DHS § 157.03 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_03.md)
- [Wis. Admin. Code DHS § 157.04 Exemptions from the regulatory requirements](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_04.md)
- [Wis. Admin. Code DHS § 157.05 Prohibitions](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_05.md)
- [Wis. Admin. Code DHS § 157.06 General regulatory requirements](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_06.md)
- [Wis. Admin. Code DHS § 157.09 Exemptions](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_09.md)
- [Wis. Admin. Code DHS § 157.10 License types and fees](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_10.md)
- [Wis. Admin. Code DHS § 157.11 General licenses](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_11.md)
- [Wis. Admin. Code DHS § 157.12 Registration of generally licensed devices](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_12.md)
- [Wis. Admin. Code DHS § 157.13 Specific licenses](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_13.md)
- [Wis. Admin. Code DHS § 157.14 Reciprocity](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_14.md)
- [Wis. Admin. Code DHS § 157.15 Financial assurance and records for decommissioning](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_15.md)
- [Wis. Admin. Code DHS § 157.20 Implementation](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_20.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_157_13. Check the current official text before relying on it. Not legal advice.