Effective Date: 04/18/2001
Title: Section 16.40 - Fees
(a) General requirement. Unless exempt under subdivision (b) of this section, no person shall establish, maintain or operate a radiation installation with radiation equipment, that is subject to the registration requirements of section 16.50 of this Part, or hold a radioactive materials license as required pursuant to the licensing requirements of section 16.100 of this Part, except upon payment of the applicable fees prescribed in this section and section 16.41 of this Part.
(b) Exemptions. (1) Agencies of the State of New York and its political subdivisions, except for hospitals and higher education academic institutions operated by such agencies, are exempt from the payment of any of the fees prescribed in this section and section 16.41 of this Part.
(2) Any operator of a radiation installation that is registered with the New York City Department of Health or any person that holds a radioactive material license issued by the New York City Department of Health, pursuant to section 16.50(j) and section 16.1(b)(3), respectively, of this Part is exempt from paying the fees prescribed in this section and section 16.41 of this Part, unless they also hold a registration certificate or a radioactive material license issued by the department for which fees are applicable. In the latter case, the applicable fees for the activities registered or licensed by the department shall be assessed.
(c) Payment of fees. (1) Each application for a radiation installation registration or for a new radioactive material license, shall be accompanied by a remittance of the full amount of the applicable annual fees prescribed in section 16.41 of this Part. Annual fees for each subsequent year shall become due on each anniversary date thereafter, determined by the date of original registration or license issued.
(2) Any operator of a radiation installation who holds a current radiation installation registration certificate issued pursuant to this Part or any person who holds a current radioactive material license issued pursuant to this Part, shall pay the prescribed annual fee as billed by the department. Payment of fees shall be made within the 30 day period immediately following the billing date. A late payment charge will be assessed at the rate of one and one half percent for each 30 day late period or part thereof.
(3) The payment of all fees prescribed by this Part shall be by check or money order made payable to the New York State Department of Health.
(d) Prorating fees. For administrative purposes, the department may alter the fee due date and charge a fee for a period greater or less than one year. In such case the amount of the fee due will be prorated to correspond to the length of the period covered by the bill.
(e) No refund policy. Except in those cases where the department has determined that a payment of fees is not required, no fees, or portions thereof, paid to the department pursuant to this Part shall be refundable.
(f) Failure to pay prescribed fee. If an applicant for a license or registration fails to remit with such application the full amount of the fees as prescribed by this Part, the department will not process the application and will notify the applicant that the application will not be processed unless fees are first paid. The department may revoke, suspend or amend a registration or radioactive material license in whole or in part for failure to pay all prescribed annual fees due.
(g) Registration fees charged by New York City Department of Health. Provided that a written schedule of the registration fees to be charged by the New York City Department of Health, not to exceed $50 per year per installation, has been submitted, in the manner prescribed, to, and approved by, the State Commissioner of Health, the New York City Department of Health is authorized to charge within its jurisdiction registration fees as so approved. The State of New York or any political subdivision thereof or any agency or instrumentality of either are exempt from the payment of such fees.
(h) Fees charged by local health departments. Provided that a written schedule of the fees to be charged, together with a written analysis of the estimated costs of its radiation protection regulatory program, has been submitted to and approved by the State Commissioner of Health, the New York City Department of Health or, as the department shall direct, the appropriate county or part-county health officer having jurisdiction that inspects installations with radiation equipment under a program of inspection certified by the State Department of Health, or any county, part-county or city health district that licenses and inspects radioactive materials in accordance with Section 16.1(b)(3) of this Part, is authorized to charge adequate and reasonable fees for inspection, licensing and/or other radiation protection services rendered, as applicable, not exceeding the estimated costs of such services, except that, with the approval of the State Commissioner of Health, one or more of such services may be rendered without charge. The State of New York or any political subdivision thereof or any agency or instrumentality of either are exempt from the payment of such fees.
(i) Fees charged by certified radiation equipment safety officers. A certified radiation equipment safety officer shall not charge, or propose to charge, a fee for an inspection in excess of a fair and reasonable amount as determined by the department. Such officer shall furnish to the department, upon request, information as to fees charged or proposed to be charged by the officer. Such fees shall not exceed the estimated cost of services.
(j) Fees paid prior to the effective date of this section. Facilities that had paid fees which cover a period that extends beyond the effective date of this section, shall be responsible for the difference between the prorated amount of any fee previously paid for such period and that due under this section for such period.