N.M. Admin. Code § 20.3.16.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.3.16.10 - ANNUAL FEE SCHEDULE, LICENSE APPLICATION FEES, AMENDMENT APPLICATION FEES, AND ANNUAL FEES

A. The department shall develop and publish a current fee schedule each year by May 1 to take effect by July 1 of the same year. The fee schedule will list current license application fees, amendment application fees, annual fees, and termination request fees.

B. Each Location of Use. All fees in this Part apply to each location of use listed on the license. The licensee shall pay the cumulative amount owed for each location of use for each license held by the licensee.

C. License Applications.

(1) An application fee shall be charged for new licenses, renewals of licenses, and applications to reinstate expired, terminated, or inactive licenses. Each application for which a fee is prescribed must be accompanied by a remittance of the full amount of the fee prior to department review.

(2) Fees are charged regardless of whether the application is approved, denied, or withdrawn.

(3) Applications for licenses covering more than one fee category of special nuclear material or source material or byproduct material must be accompanied by the prescribed application fee for each applicable fee category.

(4) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices will pay the appropriate application fee for the fee category specified in paragraph 1 of Subsection B of 20.3.16.12 NMAC and in Subsection D of 20.3.16.12 NMAC.

(5) After the department approves an application for a new license, the applicant shall pay the full amount of annual fees due, regardless of the month of issuance of license, prior to commencing operations under the new license.

D. Amendment Applications. A licensee seeking an amendment to a license shall submit an amendment application for an amendment to an existing license submitted to the department. Each amendment application will be charged a fee of twenty-five percent of the amount of the license application fee that would be charged for the license in the fiscal year of the amendment submission.

E. Annual Fees.

(1) Beginning July 1, 2024, annual fees will be charged prospectively. For existing licensees, annual fees will be due on July 1 of each year for use of the license for the next 12 months. For new licensees, the full amount of the annual fees will be due within 30 days of issuance of the license, regardless of the month of issuance, then the next due date for the annual fees will be July 1.

(2) If a single license authorizes more than one activity (e.g., human use and irradiator activities), then annual fees will be assessed for each fee category applicable to the license.

(3) If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person.

(4) Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses.

(5) Payment of the prescribed annual fee does not automatically renew the license for which the fee is paid. Renewal applications must be filed in accordance with the requirements of Part 3, Title 20 NMAC as applicable and must be approved by the department.

N.M. Admin. Code § 20.3.16.10

20.3.16.10 NMAC - N, 5/19/2002, Adopted by New Mexico Register, Volume XXXV, Issue 07, April 9, 2024, eff. 5/1/2024