2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 7 - AGRICULTURAL REGULATORY FUND (§§ 43-1-701 — 43-1-705) › Section 43-1-703 - Fees authorized - Regulations

(a)
In order to facilitate the proper administration of each statute listed in §
43-1-701(b)
, the commissioner of agriculture shall establish fees through the promulgation of rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the various services and functions it performs under each of those statutes including, but not limited to, permit processing fees, license fees, registration fees, plans review fees, facility inspection fees, charter fees, and costs of the department.
(b)
Until fees are established in accordance with subsection (a), all fees in existence prior to January 1, 2015, under the statutes specified in §
43-1-701(b)
, shall remain in full force and effect.
(c)
It is the intent of the general assembly that the fees established pursuant to subsection (a) shall be used only to provide funding for implementation of, or improvement of the performance of the department in carrying out its duties under, the statutes specified in §
43-1-701(b)
, and the fees shall be graduated so that the fees are fairly apportioned to the extent practicable.
(d)
No permit or renewal of a permit shall be issued to an applicant for a permit under the foregoing authorities until all fees required by this part are paid in full.
(e)
(1)
If any part of a fee imposed under this part is not paid within fifteen (15) days of the due date, a late charge as provided by this part shall at once accrue and be added to the amount due.
(2)
In addition to other powers and authority provided in this part, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this part.
(3)
Any person required to pay the fees set forth under this part who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. To perfect a hearing, a petition for a hearing, together with the total amount of the fee due shall be received by the commissioner not later than fifteen (15) days after the due date. The hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act. If it is determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed.
(f)
The fees of the department shall be assessed according to the following designated tiers:
(1)
Tier 1. The cost for a tier 1 license, permit, or fee shall be twenty-five dollars ($25.00). The late charge for this tier shall be twelve dollars ($12.00);
(2)
Tier 2. The cost for a tier 2 license, permit, or fee shall be fifty dollars ($50.00). The late charge for this tier shall be twenty-five dollars ($25.00);
(3)
Tier 3. The cost for a tier 3 license, permit, or fee shall be one hundred dollars ($100). The late charge for this tier shall be fifty dollars ($50.00);
(4)
Tier 4. The cost for a tier 4 license, permit, or fee shall be one hundred fifty dollars ($150). The late charge for this tier shall be seventy-five dollars ($75.00);
(5)
Tier 5. The cost for a tier 5 license, permit, or fee shall be two hundred dollars ($200). The late charge for this tier shall be one hundred dollars ($100);
(6)
Tier 6. The cost for a tier 6 license, permit, or fee shall be two hundred fifty dollars ($250). The late charge for this tier shall be one hundred twenty-five dollars ($125);
(7)
Tier 7. The cost for a tier 7 license, permit, or fee shall be three hundred dollars ($300). The late charge for this tier shall be one hundred fifty dollars ($150);
(8)
Tier 8. The cost for a tier 8 license, permit, or fee shall be three hundred fifty dollars ($350). The late charge for this tier shall be one hundred seventy-five dollars ($175);
(9)
Tier 9. The cost for a tier 9 license, permit, or fee shall be four hundred dollars ($400). The late charge for this tier shall be two hundred dollars ($200);
(10)
Tier 10. The cost for a tier 10 license, permit, or fee shall be five hundred dollars ($500). The late charge for this tier shall be two hundred fifty dollars ($250);
(11)
Tier 11. The cost for a tier 11 license, permit, or fee shall be seven hundred fifty dollars ($750). The late charge for this tier shall be three hundred seventy-five dollars ($375); and
(12)
Tier 12. The cost for a tier 12 license, permit, or fee shall be one thousand dollars ($1,000). The late charge for this tier shall be five hundred dollars ($500).
Amended by 2015 Tenn. Acts, ch. 485,s 2, eff. 7/1/2015.
Acts 1994, ch. 960, § 4; 1998, ch. 636, § 2; 2002, ch. 640, §§ 7 - 14, 33.