Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 410 - Radiation Management › Subchapter 7 - Radiation Management Authorizations; Procedures and Requirements › Part 1 - GENERAL PROVISIONS COMMON TO ALL AUTHORIZATIONS › Section 252:410-7-3 - General application requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Procedures and fees.
(1)
Forms.
Applicants shall use DEQ application forms or
				  formats.
(2)
Filing.
All applications must be filed with DEQ Radiation Management, be legible and
				  provide at a minimum all applicable information requested by the form or
				  format.
(3)
Fees.
All
				  application fees are due at the time of filing.
(4)
Late fees.
(A) Any fee with a due date will be processed
				  without penalty if the applicable fee is paid within thirty (30) days of the
				  original due date.
(B) If the
				  applicable fee is paid thirty-one (31) or more days after the original due
				  date, a penalty fee of five percent (5%) of the original fee per month late
				  will be charged. Such fee will not exceed the amount of the renewal
				  fee.
(C) If the original fee was
				  Ten Thousand dollars ($10,000) or more, the penalty fee will be one and
				  one-half percent (1.5%) of the outstanding balance per month.
(5)
Annual fee
				  adjustment.
To assist in meeting rising costs to the DEQ of the
				  environmental services and regulatory programs associated with licensing
				  radioactive materials usage, the fees set out in OAC 252:410 including but not
				  limited to application fees, annual fees, certification fees, registration fees
				  and full cost fees shall be automatically adjusted on July 1st every year to
				  correspond to the percentage, if any, by which the Consumer Price Index (CPI)
				  for the most recent calendar year exceeds the CPI for the previous calendar
				  year. The DEQ may round the adjusted fees up to the nearest dollar. The DEQ may
				  waive collection of an automatic increase in a given year if it determines
				  other revenues, including appropriated state general revenue funds, have
				  increased sufficiently to make the funds generated by the automatic adjustment
				  unnecessary in that year. A waiver does not affect future automatic
				  adjustments.
(A) Any automatic fee adjustment
				  under this subsection may be averted or eliminated, or the adjustment
				  percentage may be modified, by rule promulgated pursuant to the Oklahoma
				  Administrative Procedures Act. The rulemaking process may be initiated in any
				  manner provided by law, including a petition for rulemaking pursuant to 75 O.S.
				  §
												305
				  and OAC
				  252:4-5-3
				  by any person affected by the automatic fee adjustment.
(B) If the United States Department of Labor
				  ceases to publish the CPI or revises the methodology or base years, no further
				  automatic fee adjustments shall occur until a new automatic fee adjustment rule
				  is promulgated pursuant to the Oklahoma Administrative Procedures
				  Act.
(C) For purposes of this
				  subsection, "Consumer Price Index" or "CPI" means the Consumer Price Index -
				  All Urban Consumers (U.S. All Items, Current Series, 1982-1984=100,
				  CUUR0000SA0) published by the United States Department of Labor. The CPI for a
				  calendar year is the figure denoted by the Department of Labor as the "Annual"
				  index figure for that calendar year.
(D) The additional fees described in OAC
				  252:410-10-118(3)
				  shall be excluded from the annual fee adjustments described in this
				  subsection.