New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.9 - License fee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				licensees shall pay a monthly license fee of one cent per barrel, unless
				otherwise determined by the administrator in accordance with the provisions of
				section 174  of the
				Navigation Law, on every barrel of petroleum transferred to the licensee's
				major facility. However, no fee shall be imposed on petroleum transferred to
				the licensee's major facility that has previously been transferred and subject
				to fee imposition.
(b) The fee for
				each month shall be submitted to the commissioner, shall accompany the monthly
				report and shall be received by the commissioner no later than the 20th day of
				the month immediately following. The provisions of subdivision (d) of section
				30.8  of
				this Part which relate to the mailing and receipt of the monthly report shall
				also apply to the mailing and receipt of the fee.
(c) The fee shall be paid by check made
				payable to the New York State Department of Transportation.
(d) Each licensee shall maintain adequate
				records in accordance with accepted accounting practice to substantiate the
				monthly petroleum transfers to the major facility and the source of such amount
				of transferred petroleum as is claimed not to be subject to fee imposition. In
				the absence of such adequate records demonstrating that petroleum claimed not
				to be subject to fee imposition has, prior to being transferred to the
				licensee's major facility, been transferred and subject to fee imposition, such
				petroleum shall be presumed to be subject to the fee required by this
				Part.
(e) An additional fee shall
				be due for the late payment of the monthly license fee. The additional fee
				shall be assessed at a rate of one percent of the amount due per
				month.
(f) If the monthly report
				and fee required by this Part is not filed and paid, or if the report when
				filed is incorrect or insufficient and accompanied by an incorrect or
				insufficient fee, the amount of such fee shall be determined by the
				commissioner from such information as may be available, including, if
				necessary, an audit of the licensee's books. The commissioner shall notify the
				licensee, within 30 days after the due date of the monthly report and fee, that
				he will determine the amount of the fee. The commissioner shall determine the
				amount of the fee within 60 days after the due date of the monthly report and
				fee, and give the licensee notice of the amount of fee as determined by the
				commissioner and of the licensee's right to appeal such determination. The
				commissioner's determination may also include an additional fee assessed at a
				rate of one percent of the additional amount due per month, when the
				commissioner determines that the licensee has unreasonably and unjustifiably
				failed or refused to pay such fee or part thereof. Such additional fee shall
				accrue at a rate of one percent for each month until actual payment to the
				commissioner.
(g) The determination
				of the commissioner of the amount of the fee and/or additional fee due shall be
				final unless the licensee, within 30 days of receipt of the determination,
				applies to the commissioner for a hearing. Upon receipt of such a request for a
				hearing, the commissioner shall appoint a hearing officer who shall conduct a
				hearing in accordance with the provisions of the State Administrative Procedure
				Act and shall provide the commissioner with findings of fact and a recommended
				determination. The hearing shall be held within 60 days of receipt by the
				commissioner of the request for hearing. The hearing officer's report and
				recommendation shall be transmitted to the commissioner within 30 days of the
				completion of the record of hearing, including a full transcript. The
				commissioner's final determination shall be made within 30 days of receipt of
				the hearing officer's report and recommendation.