2003 Minnesota Statutes

     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; 2002 c 379 art 1 s 113