15A NCAC 11 .0338(b) states "No license issued or granted pursuant to this Section and no right to possess or utilize radioactive material granted by any license issued pursuant to this Section shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the agency, after securing full information, finds that the transfer is in accordance with the provisions of the Act, and gives its consent in writing."

In general, control over licensed activities can be viewed  as the authority to decide when and how that license (including all licensed materials and activities) will be used.  This regulation also means that a license is not an "asset" which can be "sold" during any change of ownership interaction.  A change of ownership may not necessarily constitute a change of control, depending on whether the authority over the license has transferred from one person to another.

The agency has developed the following guidance to assist licensees with change of control issues.  Read the form carefully and submit all required information.

Checklist/Guidance for Change of Control

The agency will review the information submitted and make a determination as to whether the license may be amended to incorporate the "new" information or whether a new license application needs to be submitted.  You will be informed IN WRITING of the agency's decision in this matter.

In general, the following events MAY NOT constitute a change of control:

		The events involve an exchange or purchase or company ASSETS ONLY (e.g., stock, cash, securities, etc.)
		Changes in NAME ONLY that DO NOT INVOLVE changes in local (license) personnel. SPECIFICALLY, the Facility Management & Radiation Safety Officer DO NOT CHANGE

The parameters given above are the agency's interpretation of the regulations surrounding changes in ownership and are  only intended to give the licensees general guidance on the issue. The licensee should download the "checklist" referenced above and read it carefully.  If there are questions, please contact a member of the Radioactive Materials Branch for additional information.  The agency may require that additional corporate documentation be presented to the agency for a determination.