902 KAR 100:012. Fee schedule.

 

      RELATES TO: KRS 211.840-211.852, 211.990(4)

      STATUTORY AUTHORITY: KRS 194A.050(1), 211.844, EO 2004-726

      NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective July 9, 2004, reorganized the Cabinet for Health and Family Services and placed the Department for Public Health under the Cabinet for Health and Family Services. KRS 211.848(1) requires the cabinet to establish a reasonable schedule of fees and charges by administrative regulation. This administrative regulation establishes a schedule of fees and charges for radioactive material licenses and radiation producing machines registrants, and couriers or organizations responsible for the shipment of radioactive material, spent nuclear fuel, transuranic waste, or other radioactive material requiring escort through Kentucky.

 

      Section 1. Radiation Producing Machine Schedule of Annual Fees and Charges. The following schedule of annual fees shall apply to radiation producing machine registrants. An application for registration or annual renewal shall be accompanied by the appropriate fee established below:

      (1) A diagnostic x-ray tube; therapeutic x-ray tube capable of operating up to 150 kVp; or industrial x-ray tube - fifty (50) dollars.

      (2) A therapeutic x-ray tube capable of operating at 150 kVp or above including particle accelerators - fifty (50) dollars.

      (3) Other x-ray tubes not specified above - fifty (50) dollars.

      (4) Shielding evaluation.

      (a) Diagnostic facilities - $200.

      (b) Linear accelerator - $1,000.

 

      Section 2. Radioactive Material License Schedule of Annual Fees and Charges. The following schedule shall apply to radioactive material licenses. An initial and renewal application shall be accompanied by the fee established in this section.

      (1) A specific radioactive material license initial and annual fee.

      (a) Human use.

      1. Nuclear medicine - $790.

      2. Teletherapy - $790.

      3. Mobile scanning - $450.

      4. Other - $375.

      (b) Industrial radiography - $790.

      (c) Wireline service - $790.

      (d) Broad scope - $1,050.

      (e) Nuclear laundry - $1,580.

      (f) Irradiator.

      1. Self-contained - $390.

      2. Unshielded during irradiation - $1,580.

      (g) Manufacturing/processing/distribution.

      1. Industrial gauging devices - $1,310.

      2. In vitro/In vivo kits - $1,050.

      3. Radiopharmaceuticals - $1,580.

      4. Other - $900.

      (h) Industrial gauging devices - $390.

      (i) In vitro and clinical laboratory - $225.

      (j) Veterinary use - $375.

      (k) Services, such as leak testing - $260.

      (l) An application for review of a:

      1. New sealed source or device; or

      2. Custom device - $1,050 plus the applicable fee in paragraphs (a) through (l) of this subsection.

      (n) An amendment for review of a sealed source or device - $500.

      (o) A byproduct, source, or special nuclear material license and other approval authorizing decommissioning, decontamination, reclamation, or site restoration - $1,500.

      (p) A license specifically authorizing the receipt of prepackaged byproduct, source material, or special nuclear material from other persons. The license authorizes the disposal of the material by transfer to a person authorized to receive or dispose of the material - $3,700.

      (q) A license specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from a person for the purpose of storage, treatment, and packaging for transfer to a person authorized to receive or dispose of radioactive material - $10,000.

      (2) A general radioactive material license initial and annual fee.

      (a) In vitro or medical use specified in 902 KAR 100:050, Sections 4 and 5 - Seventy-five (75) dollars.

      (b) Measuring, gauging, or a controlling device except emergency exit signs - Seventy-five (75) dollars.

      (3) An application to amend an existing specific license - Seventy-five (75) dollars.

      (4) An application for initial reciprocal recognition of an out-of-state license as established by 902 KAR 100:065 - $300.

 

      Section 3. Shipment of Radioactive Material and Waste. The shipper or carrier shall provide full cost reimbursement for escort prior to the shipment of radioactive material, spent nuclear fuel, transuranic waste, radioactive waste, and other radioactive material or waste through Kentucky.

 

      Section 4. General Requirements. (1) A general radioactive material license shall expire on July 31 following the date of issuance.

      (2) A radiation producing machine registration certificate shall expire on the last day of the month, one (1) year after the date of issuance.

      (3) A general radioactive material license fee shall be paid on or before July 31.

      (4) A specific radioactive material license shall be renewed annually based on the expiration date stated in the license.

      (5) A radiation producing machine registration fee shall be paid within forty-five (45) days of the bill date. A payment postmarked more than forty-five (45) days of the bill date shall be subject to $100 late payment penalty in addition to the registration fee.

      (6) Payment of a fee or other charge shall be submitted to the Radiation Health and Toxic Agents Branch, Cabinet for Health and Family Services, 275 East Main Street, Mailstop HS2E-D, Frankfort, Kentucky 40621-0001, in the form of a check or money order payable to the Kentucky State Treasurer.

      (7) If a check issued for payment of the fee established in this administrative regulation is returned to the state treasurer due to insufficient funds, the payor shall resubmit payment by money order or cashier's check.

      (8) A registration and licensing application fee shall be nonrefundable.

      (9) Failure to submit an applicable fee established in this administrative regulation shall be deemed a violation and subject to the provisions of 902 KAR 100:170. (6 Ky.R. 378; eff. 2-6-80; Am. 11 Ky.R. 1330; eff. 4-9-85; 12 Ky.R. 1388; eff. 3-4-86; 14 Ky.R. 2085; eff. 6-22-88; 16 Ky.R. 2522; eff. 6-27-90; 18 Ky.R. 1484; eff. 1-10-92; 19 Ky.R. 303; eff. 8-28-92; 29 Ky.R. 822; 1633; eff. 12-18-2002; 31 Ky.R. 633; 947; eff. 11-17-2004.)