6 Colo. Code Regs. § 1007-1-12.4
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-12.4 - Specific Radioactive Materials Licenses and Radiation Machine Registrations12.4.1 Application Fees for Specific Radioactive Materials Licenses.12.4.1.1 The application fee for a new radioactive materials license not subject to full cost fees must accompany the application when it is filed. (1) Except for a license subject to full cost fees, no application for a new license, for the reinstatement of an expired license, or for an application for amendment to a materials license that would place the licensee in a higher fee category will be accepted for filing or processed prior to payment of the full amount specified in Appendix 12A.(2) Except for a license subject to full cost fees, an application fee is not required for a routine or renewal license amendment that does not involve a change in fee category.(3) Applications for which fee payment is required and no remittance is received may be returned to the applicant.12.4.1.2 An application for renewal of a license not subject to full cost fees which has expired and for which a renewal was not timely filed pursuant to 3.17.2 shall be accompanied by a reinstatement fee of $465.12.4.1.3 Application fees for new radioactive materials licenses, renewals, amendments, other required approvals and requests for dismantling, decommissioning and termination of licensed activities, that are subject to the full cost fees are payable upon notification by the Department.12.4.1.4 All licensing fees will be charged irrespective of the Department's disposition of the application or a withdrawal of the application.12.4.1.5 Abandoned Applications. (1) In the case of an abandoned amendment application, if the licensee desires to submit a new amendment application for the same or similar authorization, the reapplication shall be accompanied by a $115 reapplication fee.(2) In the case of an abandoned new license application, if the applicant desires to submit a new application, then the applicant is subject to the application fee specified in Appendix 12A.12.4.1.6 Expedited License Review. (1) An hourly rate for direct staff time associated with the review of an application will be assessed for an expedited review.(2) This expedited license review fee only applies when, by consent of the applicant, a licensing request is taken out of the date order in which it was received.12.4.2 Fee for Radiation Machine Facility Registration for Radiation Control Services 12.4.2.1 The fee for a new radiation machine facility registration not subject to full cost fees must accompany the application when it is filed.(1) Except for a registration subject to full cost fees, no application for a new registration, or for the reinstatement of an expired registration will be accepted for filing or processed prior to payment of the full registration application amount specified in Appendix 12A.(2) Except for a radiation machine facility registration subject to full cost fees, a fee is not required for an amendment to registration information, except as otherwise specified in Appendix 12A.(3) Applications for which fee payment is required and no remittance is received may be returned to the applicant.12.4.2.2 An application for renewal of a registration not subject to full cost fees which has expired and for which a renewal was not timely filed pursuant to 2.4.1.1 shall be accompanied by a reinstatement fee of $50.12.4.2.3 All radiation machine facility fees will be charged irrespective of the Department's disposition of the application or a withdrawal of the application.12.4.2.4 Abandoned Applications. (1) In the case of an abandoned new registration application, or an abandoned registration amendment application, then the applicant is subject to the application fee specified in Appendix 12A.12.4.3 Termination Fees for Licensees.12.4.3.1 Applications for license termination for licensees not subject to full cost fees will not be subject to fees provided that the licensee notifies the Department and requests termination pursuant to 3.16, as appropriate, and provided that there is no decommissioning or decontamination involved subsequent to the request for termination. Licensees subject to full cost fees shall be billed for the full cost of the review of the application for termination.12.4.3.2 Staff time spent in obtaining information which is not provided by the licensee as required by 3.16.6 and 3.16.7 when decontamination is necessary, or in supervising the licensee's decommissioning or decontamination of the site, will be billed at the Department's hourly rate.12.4.3.3 The charges for staff time billed under 12.4.3 are payable upon notification by the Department.12.4.4 Inspection Fees for Radioactive Materials Licensees and Radiation Machine Facility Registrants. 12.4.4.1 Inspection costs include reasonable and actual preparation time, time on site, documentation time, any associated contractual service costs, and time involved in the processing and issuance of a notice of violation or administrative penalty.12.4.4.2 Fees for inspection of licensees and registrants not subject to full cost fees:(1) Fees for routine inspections are included in the annual fee and will not be charged separately.(2) Fees for all non-routine inspections will be assessed on a per-inspection basis and are payable upon notification by the Department.12.4.4.3 Fees for inspections of licensees and registrants subject to full cost fees:(1) Inspection fees will be assessed to recover the full cost for each specific inspection as specified in Appendix 12A, including licensee-specific performance reviews and assessments, evaluations, and incident investigations.(2) Inspection fees for licensees and registrants subject to full cost fees, and for inspections other than routine, are due upon notification by the Department.12.4.5 Annual fees. Radiation Machine Facility Registrants
12.4.5.1 Persons who hold radiation machine facility registrations shall pay an annual fee. (1) The licensee or registrant shall pay the fee in Appendix 12A for each registration the person holds on the date the annual fee is due.(2) If a person holds more than one registration, the fee will be the cumulative total of the annual fee for all registrations held by that person. Specific Radioactive Materials Licensees
12.4.5.2 Persons who hold specific radioactive materials licenses shall pay an annual fee. (1) The licensee shall pay the fee in Appendix 12A for each license the person holds on the date the annual fee is due.(2) If a person holds more than one license, the fee will be the cumulative total of the annual fee for all licenses held by that person.(3) For those radioactive materials licenses that authorize more than one activity (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license.(4) Persons with radioactive materials licenses authorizing permanent, multiple locations of use and/or storage that are separated by more than one mile shall increase the annual fee by 75 percent for the second location; 50 percent for the third location; and 25 percent for each additional location of use.12.4.5.3 A specific radioactive materials licensee required to pay an annual fee may qualify as a small entity. (1) If a licensee qualifies as a small entity and provides the Department with the proper certification, the licensee may pay reduced annual fees as shown in Table 12-1. Table 12-1: Small Entity Fees Applicable to Specific Radioactive Materials Licensees
Entity Category | Size Standard | Maximum Annual Fee Per Licensed Category |
Small businesses not engaged in manufacturing and small not for profit organizations | $485,000 - $7,000,000 gross annual receipts | 1/2 Annual Fee or $600, whichever is greater |
Less than $485,000 gross annual receipts | $ 600 |
Manufacturing entities that have an annual average of 500 employees or less | 35 to 500 employees | 1/2 Annual Fee or $600, whichever is greater |
Less than 35 employees | $ 600 |
Small governmental jurisdictions (including cities, counties, towns, townships, villages, school districts, special districts or publicly supported educational institutions) | 20,000 - 50,000 population | 1/2 Annual Fee or $600, whichever is greater |
Less than 20,000 population | $ 600 |
Educational institutions that are not state or publicly supported, and have 500 employees or less | 35 to 500 employees | 1/2 Annual Fee or $600, whichever is greater |
Less than 35 employees | $ 600 |
(2) A licensee who seeks to establish status as a small entity for purpose of paying the annual fees required under this section shall file a certification statement with the Department.(3) The licensee shall file the required "radioactive materials licensee certification of small entity status," Department Form R-62, for each license under which the licensee is billed.(4) For the licensee to be granted small entity status by the Department, a completed Form R-62, signed by the owner of the entity or an official empowered to act on behalf of the entity, shall accompany each application for a new license and each annual fee.(5) The licensee shall provide a new Department Form R-62, signed by the owner of the entity or an official empowered to act on behalf of the entity, within thirty days from receipt of such a request from the Department.(6) Failure to file a small entity certification, or to provide an updated certification upon the request of the Department, could result in the denial of the fee reduction that might otherwise be granted.(7) A licensee who is a subsidiary of a large entity does not qualify as a small entity for purposes of Table 12-1.12.4.5.4 An annual management fee shall be charged for radioactive materials licensees operating in the State under reciprocity as follows:(1) Any radioactive material brought into the state for use under reciprocity shall pay a reciprocal recognition fee equal to 75 percent of the appropriate annual fee in Appendix 12A.(2) Reciprocal fees shall be due and payable prior to entry into the state.(3) An acknowledgement of fee payment will be provided by the Department. The acknowledgement of fee payment shall be retained by the licensee and maintained with the pertinent documents prescribed in 3.24.1.1(6).(4) Reciprocal recognition fees shall not be transferred or refunded.(5) Reciprocal recognition fees shall expire 12 months from the issue date2. 2 Pursuant to 3.24, an out-of-state licensee may operate in Colorado under reciprocity for no more than 180 cumulative total days in any calendar year.
12.4.5.5 Payment of Annual Fees. Radiation Machine Facility Registrants
(1) The annual fees shall be due and payable each year by the expiration date. The annual fees are not refundable except in those cases where the Department has determined that the fee is not required.(2) Annual fees shall be charged and payment required for any registrant that has not terminated their registration on or before the expiration date.Specific Radioactive Materials Licensees
(1) The annual fees shall be due and payable each year on the anniversary date. The annual fees are not refundable except in those cases where the Department has determined that the fee is not required.(2) Annual fees shall be charged and payment required for any license that has not been terminated on or before the anniversary date or for which a request for termination has not been submitted to the Department pursuant to 3.16.7.Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/201438 CR 02, January 25, 2015, effective 2/14/201538 CR 05, March 10, 2015, effective 3/30/201538 CR 12, June 25, 2015, effective 7/15/201538 CR 14, July 25, 2015, effective 8/14/201539 CR 02, January 25, 2016, effective 2/14/201639 CR 16, August 25, 2016, effective 9/14/201639 CR 22, November 25, 2016, effective 12/15/201640 CR 11, June 10, 2017, effective 6/30/201740 CR 20, October 25, 2017, effective 11/14/201742 CR 24, December 25, 2019, effective 1/14/202043 CR 14, July 25, 2020, effective 8/14/202043 CR 18, September 25, 2020, effective 10/15/202044 CR 11, June 10, 2021, effective 7/15/202144 CR 14, July 25, 2021, effective 8/14/202145 CR 22, November 25, 2022, effective 12/15/2022