No. 38146 (Amendment): Section R313-70-5. Payment of Fees

(Amendment)

DAR File No.: 38146
Filed: 11/15/2013 02:15:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division of Radiation Control received a petition for agency action that requested renewal intervals for specific radioactive materials licenses (specific licenses) be increased from a five-year renewal interval to a ten-year renewal interval for a certain subset of specific licenses. During a review of the request for agency action, the Utah Radiation Control Board (Board) determined that the proposed change to the renewal interval should apply to all persons possessing a specific license. Therefore, the rule is being modified to allow a ten-year interval between license renewals.

Summary of the rule or change:

The proposed change to Section R313-22-34 would change the renewal interval for existing specific licenses from five years to ten years; however, newly issued specific licenses would still be required to be renewed at a five-year interval to establish the new licensees performance with regulatory compliance. In addition, the proposed rule would allow the Director flexibility to shorten the renewal interval if the situation warranted a shorter renewal interval. Some reasons for a shorter renewal interval include new company management, new technologies, poor regulatory performance, or other situations that would warrant increased attention.

State statutory or constitutional authorization for this rule:

• Subsection 19-3-104(6)

Anticipated cost or savings to:

the state budget:

Presently over a period of ten years, a specific licensee pays two new/renewal fees and eight annual fees. The new/renewal fees are slightly lower than the annual fees for all categories of specific licenses. Under the proposed change, specific licensees would pay one new/renewal fee and nine annual fees. The difference between the new/renewal fee and the annual fee ranges from $80 to $890 for the specific licenses presently issued in Utah. The proposed rule should result in an increase of approximate $28,500 in the state budget over the ten-year interval.

local governments:

Some counties and cities have a specific license to possess and use certain radioactive materials. For each specific license, a county or city would pay an extra $80 over the ten-year interval. These costs may be offset with savings from only preparing and submitting one license renewal application in the ten-year interval as opposed to the two renewal applications for each specific license now required.

small businesses:

There are numerous small businesses that have been issued a specific license to possess and use certain radioactive materials. The costs to the small businesses would range from $80 to $890 over the ten-year period based on the type of each specific license possessed by the small businesses. Again, the costs for the majority of the small businesses may be offset with savings from only preparing and submitting one license renewal application in the ten-year interval as opposed to the two renewal applications for each specific license now required.

persons other than small businesses, businesses, or local governmental entities:

The costs to all persons issued a specific license to possess and use certain radioactive materials range from $80 to $890 over the ten-year period based on the type of each specific license possessed by the person. Again, the costs to persons may be offset with savings from only preparing and submitting one license renewal application in the ten-year interval as opposed to the two renewal applications for each specific license now required.

Compliance costs for affected persons:

There are no expected changes to compliance costs associated with this rulemaking action. Inspection intervals will not change, only license renewal intervals will be modified.

Comments by the department head on the fiscal impact the rule may have on businesses:

Most specific licensees impacted by the proposed rule find the preparation of license renewal applications time consuming and would prefer the renewal interval to be extended to ten years. In general, specific licensees are supportive of modifying the renewal interval to ten years.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Radiation ControlRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Gwyn Galloway at the above address, by phone at 801-536-4258, by FAX at 801-533-4097, or by Internet E-mail at [e-mail]
• John Hultquist at the above address, by phone at 801-536-4623, by FAX at 801-536-4250, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2013

This rule may become effective on:

01/15/2014

Authorized by:

Rusty Lundberg, Director

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-70. Payments, Categories and Types of Fees.

R313-70-5. Payment of Fees.

(1) New Application Fee: Applications for machine registration or radioactive material licensing for which a fee is prescribed, shall be accompanied by a remittance in the full amount of the fee. Applications will not be accepted for filing or processing prior to payment of the full amount specified. Applications for which no remittance is received will be returned to the applicant. Application fees will be charged irrespective of the Director's disposition of the application or a withdrawal of the application.

(2) Annual Fee: Persons and individuals who are subject to licensing or registration of radioactive material or radiation machine registration with the Department of Environmental Quality under provisions of the Utah Radiation Control Rules, are assessed an annual fee in accordance with categories of R313-70-7 and R313-70-8. The appropriate fee shall be filed annually with the Director, by July 30 for registrants or by the anniversary date for licensees. Fees for radiation machine registration will be considered late if not received annually by the last day of August. Licensees may be assessed late fees if license fees are not received within 30 days after the license anniversary date. Late fees may also be assessed for successive 30 day periods during which the annual fee or registration fee remains unpaid.

(3) Inspection Fee: Persons and entities who, under provisions of the Utah Radiation Control Rules, are subject to radiation machine registration with the Department of Environmental Quality are assessed an inspection fee in accordance with R313-70-8. Fees for inspection of a radiation machine are due within 30 days of receipt of an invoice from the Agency. Registrants may be assessed late fees if inspection fees are not received in a timely manner.

(4) Failure to pay the prescribed fee: the Director will not process applications and may suspend or revoke licenses or registrations or may issue an order with respect to the activities as the Director determines to be appropriate or necessary in order to carry out the provisions of this part of R313-70, and of the Act.

(a) General license certificates of registration and new specific licenses issued pursuant to the provisions in R313-21 or R313-22, will be valid for a period of five years unless failure to submit appropriate fee occurs. Specific license renewals issued pursuant to the provisions in R313-22 may be valid for a period of tens years or less in accordance with R313-22-34(1)(b) and (1)(c).  Machine registrations will be valid for one year during the interval outlined in R313-16-230. Failure to submit appropriate fees will render the license, certificate or registration invalid, at which time a new application with appropriate fees shall be submitted.

(b) Renewal applications shall be filed in a timely manner in accordance with R313-22-37 or R313-16-230. The radioactive material license will expire on the date specified on the license. Machine registration will expire as outlined in R313-16-230. An expired license cannot be renewed, rather the licensee will be required to submit an application for a new license and submit the appropriate application and new license fee.

([4]5) Method of Payment: Fees shall be made payable to: Division of Radiation Control, Department of Environmental Quality.

 

KEY: radioactive materials, x-rays, registration, fees

Date of Enactment or Last Substantive Amendment: [March 16, 2007]2014

Notice of Continuation: September 23, 2011

Authorizing, and Implemented or Interpreted Law: 19-3-104(6)

 

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