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144.1205 Radioactive material; source and special nuclear material; fees; inspection.

Subdivision 1. Application and license renewal fee. When a license is required for radioactive material or source or special nuclear material by a rule adopted under section 144.1202, subdivision 2, an application fee according to subdivision 4 must be paid upon initial application for a license. The licensee must renew the license 60 days before the expiration date of the license by paying a license renewal fee equal to the application fee under subdivision 4. The expiration date of a license is the date set by the United States Nuclear Regulatory Commission before transfer of the licensing program under section 144.1202 and thereafter as specified by rule of the commissioner of health.

Subd. 2. Annual fee. A licensee must pay an annual fee at least 60 days before the anniversary date of the issuance of the license. The annual fee is an amount equal to 80 percent of the application fee under subdivision 4, rounded to the nearest whole dollar.

Subd. 3. Fee categories; incorporation of federal licensing categories. (a) Fee categories under this section are equivalent to the licensing categories used by the United States Nuclear Regulatory Commission under Code of Federal Regulations, title 10, parts 30 to 36, 39, 40, 70, 71, and 150, except as provided in paragraph (b).

(b) The category of "Academic, small" is the type of license required for the use of radioactive materials in a teaching institution. Radioactive materials are limited to ten radionuclides not to exceed a total activity amount of one curie.

Subd. 4. Application fee. A licensee must pay an application fee as follows:

Radioactive material, Application U.S. Nuclear Regulatory source and fee Commission licensing special material category as reference Type A broadscope $20,000 Medical institution type A Type B broadscope $15,000 Research and development type B Type C broadscope $10,000 Academic type C Medical use $4,000 Medical Medical institution Medical private practice Mobile nuclear medical laboratory $4,000 Mobile medical laboratory Medical special use sealed sources $6,000 Teletherapy High dose rate remote afterloaders Stereotactic radiosurgery devices In vitro testing $2,300 In vitro testing laboratories Measuring gauge, sealed sources $2,000 Fixed gauges Portable gauges Analytical instruments Measuring systems - other Gas chromatographs $1,200 Gas chromatographs Manufacturing and distribution $14,700 Manufacturing and distribution - other Distribution only $8,800 Distribution of radioactive material for commercial use only Other services $1,500 Other services Nuclear medicine pharmacy $4,100 Nuclear pharmacy Waste disposal $9,400 Waste disposal service prepackage Waste disposal service processing/repackage Waste storage only $7,000 To receive and store radioactive material waste Industrial radiography $8,400 Industrial radiography fixed location Industrial radiography portable/temporary sites Irradiator - self-shielded $4,100 Irradiators self-shielded less than 10,000 curies Irradiator - less than 10,000 Ci $7,500 Irradiators less than 10,000 curies Irradiator - more than 10,000 Ci $11,500 Irradiators greater than 10,000 curies Research and development, no distribution $4,100 Research and development Radioactive material possession only $1,000 Byproduct possession only Source material $1,000 Source material shielding Special nuclear material, less than 200 grams $1,000 Special nuclear material plutonium-neutron sources less than 200 grams Pacemaker manufacturing $1,000 Pacemaker byproduct and/or special nuclear material - medical institution General license distribution $2,100 General license distribution General license distribution, exempt $1,500 General license distribution - certain exempt items Academic, small $1,000 Possession limit of ten radionuclides, not to exceed a total of one curie of activity Veterinary $2,000 Veterinary use Well logging $5,000 Well logging

Subd. 5. Penalty for late payment. An annual fee or a license renewal fee submitted to the commissioner after the due date specified by rule must be accompanied by an additional amount equal to 25 percent of the fee due.

Subd. 6. Inspections. The commissioner of health shall make periodic safety inspections of the radioactive material and source and special nuclear material of a licensee. The commissioner shall prescribe the frequency of safety inspections by rule.

Subd. 7. Recovery of reinspection cost. If the commissioner finds serious violations of public health standards during an inspection under subdivision 6, the licensee must pay all costs associated with subsequent reinspection of the source. The costs shall be the actual costs incurred by the commissioner and include, but are not limited to, labor, transportation, per diem, materials, legal fees, testing, and monitoring costs.

Subd. 8. Reciprocity fee. A licensee submitting an application for reciprocal recognition of a materials license issued by another agreement state or the United States Nuclear Regulatory Commission for a period of 180 days or less during a calendar year must pay one-half of the application fee specified under subdivision 4. For a period of 181 days or more, the licensee must pay the entire application fee under subdivision 4.

Subd. 9. Fees for license amendments. A licensee must pay a fee to amend a license as follows:

(1) to amend a license requiring no license review including, but not limited to, facility name change or removal of a previously authorized user, no fee;

(2) to amend a license requiring review including, but not limited to, addition of isotopes, procedure changes, new authorized users, or a new radiation safety officer, $200; and

(3) to amend a license requiring review and a site visit including, but not limited to, facility move or addition of processes, $400.

HIST: 1Sp2001 c 9 art 1 s 29

* NOTE: This section, as added by Laws 2001, First Special *Session chapter 9, article 1, section 29, is effective July 1, *2002. Laws 2001, First Special Session chapter 9, article 1, *section 29, the effective date.

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