Or. Admin. R. 333-016-2080

Current through Register Vol. 63, No. 5, May 1, 2024

Section 333-016-2080 - Fees

(1) The following fees are established:

(a) Notification. A nonrefundable fee of $250 for the notification of each HPCCCH reported to the Authority under OAR 333-016-2060(1).

(b) Exemption request made under OAR 333-016-2070(3) or an amendment to an exemption request under OAR 333-016-2070(14)(b):

(A) A non-refundable fee of $1,500; and

(B) $200 per hour for review of an MCP.

(c) Request for waiving requirement to remove or substitute chemicals:

(A) A non-refundable fee of $1,500; and

(B) $200 per hour for review of an Alternatives Assessment or a Quantitative Exposure Assessment.

(d) Request to substitute chemicals:

(A) A non-refundable fee of $1,500; and

(B) $200 per hour for review of a Hazard Assessment conducted with an alternative methodology under OAR 333-016-3030(4).

(e) A non-refundable fee of $1,500 for a request to be exempt from removal or substitution requirements under OAR 333-016-3015.

(2) The Authority will not accept an exemption request per OAR 333-016-2070(3) and (14)(b) or OAR 333-016-3015; a waiver to remove or substitute chemicals; a request to substitute chemicals; or a request to be exempt from removal or substitution requirements under OAR 333-016-3015 unless the non-refundable fee under this rule is submitted along with the request.

(3) Prior to reviewing a request for a waiver, chemical substitution, exemption OAR 333-016-2070 and (14)(b) or a Hazard Assessment conducted with an alternative methodology under OAR 333-016-3030(4), the Authority will send the applicant an estimate for the cost of the review. Unless the applicant informs the Authority in writing within seven business days of the date the fee estimate was sent, objecting to the estimate, the Authority will consider the estimate to be acceptable and will send an invoice to the applicant once the review of complete.

(4) If an applicant objects to the estimate within seven business days the Authority will not review the request and the applicant may do one of the following:

(a) Submit a second version of the initial request within 30 calendar days of the date the applicant submitted its objection to the Authority, in which case no additional application fee is required; or

(b) Submit a new request and $1,500 non-refundable fee, if more than 30 days has passed since the applicant submitted its objection to the Authority; or

(c) Comply with OAR 333-016-3010(3) or 333-016-2060.

(5) If a second version of the initial request is submitted under section (4)(a) of this rule or if a new request is submitted under (4)(b) of this rule, the Authority will provide a new estimate of the cost of the review. The Applicant will have seven calendar days to respond by either accepting or declining the estimate. If the estimate is declined or a response is not received within seven business days, the Authority will consider the request for a waiver, chemical substitution, exemption under OAR 333-016-2070(3) and (14)(b), or Hazard Assessment conducted with an alternative methodology under OAR 333-016-3030(4) to be incomplete and the request will not be reviewed. The Authority will not accept a third version of the initial request or another 'new request' and the manufacturer of the children's products for which the exemption, waiver or substitution request was made must comply with the applicable Oregon Administrative Rules.

(6) If in the course of its review the Authority expects the actual number of hours to exceed the estimate by more than 15 percent the Authority will stop the review and send a new estimate to the applicant. Within seven business days from the date the new estimate was sent the applicant must do one of the following:

(a) Accept the revised estimate by agreeing to pay for the new estimated amount; or

(b) Decline the new estimate and the Authority will consider the request for a waiver, chemical substitution, or exemption incomplete, and the request will not be reviewed. The Authority will invoice the Applicant for the actual hours spent on the review.

(7) The process delineated in Sections 3 through 6 of this rule also applies to revised requests for a waiver, chemical substitution, an exemption under OAR 333-016-2070(3) and (14), or a Hazard Assessment conducted with an alternative methodology under OAR 333-016-3030(4) .

(8) An applicant must pay its review fees within 30 days of receipt of the invoice.

Or. Admin. R. 333-016-2080

PH 5-2017, f. 1-31-17, cert. ef. 2/1/2017; PH 253-2018, amend filed 09/11/2018, effective 10/1/2018; PH 9-2021, amend filed 02/28/2021, effective 3/1/2021

Statutory/Other Authority: ORS 413.042 & 431A.270

Statutes/Other Implemented: ORS 431A.270