Section 3049.5 - Application and Fees(a) Application. The applicant shall furnish information requested and shall give consent to the Department to take plants from any planting for inspection or testing purposes. An application shall be submitted for the acceptance of any planting and for subsequent inspections, approvals or certification and may be refused unless made sufficiently in advance of the time of planting to permit the Department to establish the origin of the stock, determine the history of the location and supervise any treatment that may be required.(b) Fees. The Department shall establish a schedule of fees for services provided in this article. Fees are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the inspection, approval and certification services provided and are not to obtain any right or privilege. Fees shall be submitted at the time of application, except that fees may be paid after planting upon prior approval by the Department. (1) No fees shall be charged the University of California or the United States Department of Agriculture for registration or for the inspection and testing of plants provided there shall be no expense to the Department other than for observation of the inspection and testing required in the article, and for the keeping of records. When the procedures prescribed in the article are conducted by the University of California, or by the United States Department of Agriculture, they shall not be less than provided in this article, and the Department shall be notified each year of the plants to be entered or continued in the program.(2) With respect to all of the fees, the Department may require a larger fee on any or all plantings entered when, because of conditions and total acreages entered, the fees will not cover the cost of the service. This may apply to districts or the entire State.(c) Refunds. Fees paid for services that are not rendered shall be refunded to the applicant.Cal. Code Regs. Tit. 3, § 3049.5
1. Amendment filed 4-7-65; effective thirtieth day thereafter (Register 65, No. 6).
2. Amendment of subsection (a) filed 7-28-77 as organizational and procedural, effective upon filing (Register 77, No. 31)
3. Amendment filed 3-10-78 as an emergency; effective upon filing (Register 78, No. 10).
4. Certificate of Compliance filed 5-22-78 (Register 78, No. 21).
5. Renumbering and amendment of former Section 3052 to Section 3049.5 filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1). Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
1. Amendment filed 4-7-65; effective thirtieth day thereafter (Register 65, No. 6).
2. Amendment of subsection (a) filed 7-28-77 as organizational and procedural, effective upon filing (Register 77, No. 31)
3. Amendment filed 3-10-78 as an emergency; effective upon filing (Register 78, No. 10).
4. Certificate of Compliance filed 5-22-78 (Register 78, No. 21).
5. Renumbering and amendment of former Section 3052 to Section 3049.5 filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1).