1. A. An application for a specific license shall be approved if all of the following requirements are met.

   1. (1) The application is for a purpose authorized by the act.
   2. (2) The applicant is qualified by training and experience to use the material for the purpose requested in accordance with the provisions in this chapter and in such a manner as to minimize the danger to public health and safety or property.
   3. (3) The applicant's proposed equipment, facilities and procedures are adequate to minimize danger to public health and safety or property.
   4. (4) The applicant satisfies the requirements in this section, and any special requirements in 20.3.3.307 NMAC and 20.3.3.309 NMAC, 20.3.3.313 NMAC, 20.3.3.314 NMAC or 20.3.3.315 NMAC.
2. B. Upon a determination that an application meets the requirements of the act and the 20.3 NMAC, the department will issue a specific license authorizing the possession and use of radioactive material.

3. C. The secretary may deny an application if an applicant:

   1. (1) fails to demonstrate that the requirements of the act and 20.3 NMAC have been addressed;
   2. (2) fails to meet the requirements for completeness and accuracy of information in 20.3.1.123 NMAC;
   3. (3) has demonstrated deliberate misconduct as described in 20.3.1.122 NMAC; and
   4. (4) fails to respond to a request for additional information within 30 days from the date of the request, or within such other time as may be specified in the request for information.

[20.3.3.308 NMAC - Rp, 20.3.3.308 NMAC, 4/30/2009; A, 6/13/2017]