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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 103

FEES

333-103-0001

Purpose and Scope

(1) The rules in this division establish fees for sources of radiation and provide for their payment. Sources of radiation, as defined in OAR 333-100-0005, include, but are not limited to, radiation facilities, radiation producing machines, radiation producing devices, radioactive material in sealed and unsealed form (normal form and special form), and radioactive material uses.

(2) Except as otherwise specifically provided, the rules in this division apply as follows:

(a) Radiation producing machines, radiation facility registration, radiation machine vendors and/or services, accredited hospital radiology inspectors, and non-ionizing sources of radiation are subject to OAR chapter 333, divisions 101, 105, 106, 108, 109, 111, 112, 115, 119, 122 or 123;

(b) Radioactive materials pursuant to OAR chapter 333 divisions 102, 105, 110, 113, 115, 116, 117, or 121;

(c) General licenses and registrations pursuant to divisions 101 and 102 of this chapter;

(d) Microwave Oven Service Licensees;

(e) Radiological Analyses; and

(f) Tanning Device Registrations.

Stat. Auth.: ORS 453.635, 453.665
Stats. Implemented: ORS 453.605 - 453.807
Hist.: HD 2-1995(Temp), f. & cert. ef. 7-11-95; HD 4-1995, f. & cert. ef. 9-8-95; HD 3-1996, f. & cert. ef. 8-9-96; DOA 13-2006, f.& cert. ef. 6-21-06; PH 11-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 4-2010, f. & cert. ef. 2-16-10

333-103-0003

Definitions

As used in this division, the following definitions apply:

(1) "License" ("Acknowledgment of Validation," "Validation Certificate," "Certificate of Validation") means the document issued that validates receipt of payment for a specific license or registration fee.

(2) "Registration Fee" means:

(a) The fee paid to the Authority for a license for Radiation Producing Machines; or

(b) The fee paid to the Authority to validate a general license registration issued pursuant to OAR 333-102-0101, 333-102-0103, 333-102-0115, 333-102-0130, or 333-102-0340

(3) "Specific License Fee" means:

(a) The annual fee payable, to validate specific licenses for sources of radiation; or

(b) The fee paid upon application to the Authority for an Oregon Radioactive Materials License to license specific licensed sources of radiation pursuant to OAR 333-103-0010; or

(c) The fee paid to license additional sources of radiation pursuant to OAR 333-103-0010.

Stat. Auth.: ORS 453.757
Stats. Implemented: ORS 453.757
Hist.: HD 2-1995(Temp), f. & cert. ef. 7-11-95; HD 4-1995, f. & cert. ef. 9-8-95; HD 3-1996, f. & cert. ef. 8-9-96; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08; PH 20-2010, f. & cert. ef. 9-1-10

333-103-0005

Biennial Fee for Radiation Machines

(1) For the purpose of this division, a radiation machine is defined under OAR 333-100-0005.

(2) Each radiation machine shall be validated biennially by a radiation machine fee in the following amounts:

(a) Hospital, radiologist, chiropractic, osteopathic or medical X-ray machine, $228;

(b) Hospital X-ray machine when x -ray machine inspection is performed by an accredited hospital radiology inspector rather than a Authority inspector, $116;

(c) Industrial or podiatry X-ray machine, $152;

(d) Dental, academic or veterinary X-ray machine, $112.

(3) The radiation machine fee shall be due and payable for each radiation machine on or before October 1 of each biennium.

(4) A certificate of validation or acknowledgment of validation for the current biennium must be posted on or near the radiation machine by the registrant.

(5) In any case in which a registrant has submitted the proper fee prior to the expiration of a validation certificate, such existing validation certificate shall not expire until the issuance of a new validation certificate for the current biennium.

(6) Upon written request and approval by the Authority, fees for new licenses or additional machines may be prorated on a biennial quarterly basis for the current biennium.

Stat. Auth.: ORS 453.757, 453.761
Stats. Implemented: ORS 453.757, 453.761
Hist.: HD 4-1985, f. & ef. 3-20-85; HD 13-1988, f. 6-7-88, cert. ef. 7-1-88; HD 1-1991, f. & cert. ef. 1-8-91; HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; HD 2-1995(Temp), f. & cert. ef. 7-11-95; HD 4-1995, f. & cert. ef. 9-8-95; HD 3-1996, f. & cert. ef. 8-9-96; PH 11-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08

333-103-0010

Annual Fee for Specific Licenses

(1)(a) Each specific license listed in section (2) of this rule, as defined in OAR 333-102-0203, shall be licensed pursuant to sections (2), (3), (4), (5), and (6) of this rule by a specific license fee.

(b) Upon written request and approval by the Authority, fees for new licenses or additional sources may be prorated on a quarterly basis for the current fiscal year.

(2) Each specific license type appearing in the following fee schedule shall be licensed separately with a specific license fee as indicated:

(a) Analytical/Leak Test/Fixed X-ray Fluorescence, $552(F);

(b) Basic License, $976(F);

(c) Brachytherapy, $2,204(F);

(d) Broad Scope A, $3,000(F);

(e) Broad Scope B, $2,204(F);

(f) Broad Scope C, $1,096(F);

(g) Distribution, $1,096 (F);

(h) Fixed Gauge, $276(S);

(i) High, medium and low doserate brachytherapy, $2,756(S);

(j) Imaging and Localization, $1,096(F);

(k) In Vitro Laboratory, $364(F);

(l) Industrial Radiography:

(A) Fixed Facility, $3,000(F);

(B) Field Use, $3,000(F);

(m) Instrument Calibration, $828(S);

(n) Investigational New Drug, $1,652(F);

(o) Irradiator Self-Shielded, $1,096(S);

(p) Manufacturing/Compounding, $2,936(F);

(q) Mobile Nuclear Medicine, $2,936(F);

(r) NORM (no processing), $736(F);

(s) Nuclear Pharmacy, $3,000(F);

(t) Other Measuring Device, $160(S). Six sources or more, for attenuation purposes, may apply for a basic license;

(u) Portable Gauge:

(A) X-ray Fluorescence, $552(S);

(B) All other portable gauges, $736(S);

(v) Radiopharmaceutical Therapy, $1,652(F);

(w) RAM/NOS Facility, $3,000(F);

(x) Research & Development, $1,652(F);

(y) Sealed Sources for Diagnosis, $552(S);

(z) Source Material, $3,000(F);

(aa) Special Nuclear Material (sealed), $1,096(S);

(bb) Special Nuclear Material (unsealed), $2,756(F);

(cc) Teletherapy (external beam), $3,000(S);

(dd) Unique, $No Fee;

(ee) Uptake and Dilution, $736(F);

(ff) Use of Xenon Gas, $736(F);

(gg) Waste Packaging, $3,000(F);

(hh) Well Logging, $1,652(S);

NOTE: (F) means facility; (S) means source.

(3) Each specific license validation fee shall be due and payable:

(a) Each specific license validation fee shall be due and payable based on the following fee schedule.

(A) Validation fees for licenses expiring July through September are due by October 1 each year.

(B) Validation fees for licenses expiring October through December are due by January 1 each year.

(C) Validation fees for licenses expiring January through March are due by April 1 each year; and,

(D) Validation fees for licenses expiring April through June are due by July 1 each year.

(b) For each specific license source of radiation listed in section (2) of this rule for which application pursuant to OAR 333-102-0190 for an Oregon Radioactive Materials License has been made;

(c) For each additional specific license source of radiation in an amendment to an existing Oregon Radioactive Materials License pursuant to OAR 333-102-0320.

(4) A license for each specific license issued pursuant to section (3) of this rule shall be provided by the Authority. The certificate of validation for the current fiscal year shall be retained by the licensee and attached to the license pursuant to requirements in OAR 333-111-0005.

(5) The specific license fee that validates specific sealed sources also validates possession of one additional sealed source during source exchange (one new source and one spent source) for a period not to exceed 30 calendar days.

(6) Sealed sources manufactured and distributed as reference sources that do not exceed 100 times the quantity in 30.71 Schedule B of 10 CFR Part 30 are exempt from specific license fees and validation if used pursuant to a specific license listed in section (2) of this rule. The license validation fee for reference sources that exceed 100 times the quantity in 30.71 Schedule B of 10 CFR Part 30 or reference sources authorized alone without additional licensed radioactive material shall be $976, pursuant to subsection (2)(b) of this rule.

Stat. Auth.: ORS 453.757
Stats. Implemented: ORS 453.757
Hist.: HD 4-1985, f. & ef. 3-20-85; HD 13-1988, f. 6-7-88, cert. ef. 7-1-88; HD 1-1991, f. & cert. ef. 1-8-91; HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; HD 2-1995(Temp), f. & cert. ef. 7-11-95; HD 4-1995, f. & cert. ef. 9-8-95; HD 3-1996, f. & cert. ef. 8-9-96; PH 11-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08; PH 4-2010, f. & cert. ef. 2-16-10; PH 20-2010, f. & cert. ef. 9-1-10; PH 10-2011, f. 9-30-11, cert. ef. 10-1-11

333-103-0015

Annual Registration Fee for General Licenses and Devices

(1) Any general license granted by the Authority must be validated annually by the general license registration fee listed in section (2) of this rule, unless otherwise exempted by subsection (2)(e) of this rule. Validation must be confirmed by verifying, correcting, and/or adding to the information provided in a request for registration received from the Authority. General License registration fees as defined in OAR 333-103-0003 shall:

(a) Validate each general licensed source of radiation due October 1 of each year for sources of radiation; and

(b) Validate each new application to register general license material pursuant to OAR 333-101-0007; and

(c) Registration.

(2) The general licenses appearing in the following fee schedule shall be registered on the appropriate Authority form and shall be validated annually by a general license registration fee:

(a) Each healing arts facility that uses radioactive material for In Vitro laboratory or clinical testing authorized by OAR 333-102-0130, $160;

(b) Each radiation source in a generally licensed measuring, gauging or controlling device authorized pursuant to OAR 333-102-0115(1), $160;

(c) For radioactive material contained in devices designed and manufactured for the purpose of producing light, except Tritium exit signs, or an ionized atmosphere that exceed the limits in OAR 333-102-0105, $66 per device for the first twelve devices after which a Basic Specific License is required.

(d) Each general licensee possessing or using depleted uranium for the purpose of providing a concentrated mass in a small volume of the product or device pursuant to OAR 333-102-0103, $160;

(e) Each General Licensee possessing or using source material for research, development, educational, commercial or operational purposed pursuant to OAR 333-102-0101, $240;

(f) General licenses not specifically identified in subsections (2)(a), (2)(b), (2)(c) and (2)(d) of this rule are exempt from the payment of an annual general license registration fee.

(g) Each out-of-state or NRC specific licensee granted a general license pursuant to OAR 333-102-0340 to conduct activities within the State of Oregon for a period not to exceed 180 days in a calendar year must pay a registration validation fee as required by OAR 333-103-0030(6).

(h) State and local government agencies are required to register each generally licensed device but are exempt from the fees required in this rule.

(3) Notwithstanding subsection (2)(g) of this rule, the general license fee shall be due and payable on or before October 1 of each year.

(4) A certificate of validation for the then current fiscal year shall be provided by the Authority. The certificate for the then current fiscal year must be retained by the licensee and attached to the general license.

(5) Upon written request and approval by the Authority, fees for new licenses or additional sources may be prorated on a quarterly basis for the fiscal year.

Stat. Auth.: ORS 453.757
Stats. Implemented: ORS 453.757
Hist.: HD 4-1985, f. & ef. 3-20-85; HD 13-1988, f. 6-7-88, cert. ef. 7-1-88; HD 1-1991, f. & cert. ef. 1-8-91; HD 15-1991, f. & cert. ef. 10-1-91; HD 2-1995(Temp), f. & cert. ef. 7-11-95; HD 4-1995, f. & cert. ef. 9-8-95; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 11-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08; PH 20-2010, f. & cert. ef. 9-1-10

333-103-0020

Biennial Fee for Microwave Oven Service Licensees

(1) Each license issued by the Authority for microwave oven service shall be subject to a biennial $112 specific license fee.

(2) The license fee shall be due and payable on or before October 1 of each biennium.

(3) A certificate of validation or acknowledgement of validation for the then current fiscal biennium shall be provided by the Authority. The current certificate of validation must be retained by the licensee.

(4) Unless validated by the biennial fee, each license shall be deemed to expire on September 30 of each biennium.

(5) Upon written request and approval by the Authority, fees for new licenses may be prorated on a biennial quarterly basis for the current biennium.

Stat. Auth.: ORS 453.757, 453.761
Stats. Implemented: ORS 453.757, 453.761
Hist.: HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; HD 15-1994, f. & cert. ef. 6-5-94; HD 2-1995(Temp), f. & cert. ef. 7-11-95; HD 4-1995, f. & cert. ef. 9-8-95; PH 11-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08

333-103-0025

Annual Fee for Tanning Devices

(1) Each tanning device must be validated annually by a tanning device fee of $100.

(2) The tanning device fee shall be due and payable for each tanning device on or before January 1 of each year.

(3) A certificate of validation or acknowledgment of validation for the then current fiscal year must be posted on or near the tanning device, by the registrant.

(4) In any case in which a registrant has submitted the proper fee prior to the expiration of a validation certificate, such existing validation certificate shall not expire until the issuance of a new validation certificate for the then current fiscal year.

(5) Upon written request and approval by the Authority, fees for new licenses or additional tanning devices may be prorated on a quarterly basis for the current fiscal year.

Stat. Auth.: ORS 453.757
Stats. Implemented: ORS 453.757
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 13-1993, f. & cert. ef. 9-27-93; HD 15-1994, f. & cert. ef. 5-6-94; PH 11-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08

333-103-0030

Reciprocal Recognition Fee

(1) Any radiation machine or radioactive material source brought into the state for use under reciprocity must pay a fee equal to 100 percent of the appropriate license or registration validation fee, listed in OAR 333-103-0005 or 333-103-0010, not to exceed $3,000 in a year.

(2) Reciprocal fees shall be due and payable prior to entry into the state.

(3) An acknowledgment of fee payment, such as a certificate of validation, will be provided by the Authority. The acknowledgment of fee payment must be retained by the licensee or registrant and attached to the license or registration.

(4) Reciprocal fees shall not be transferred or refunded.

(5) Reciprocal fees shall expire 12 months from the issue date.

(6) Any use of radioactive material in Oregon pursuant to OAR 333-102-0340 exceeding 30 consecutive days or 180 calendar days shall require an application for an Oregon specific radioactive materials license pursuant to OAR 333-102-0190.

Stat. Auth.: ORS 453.757
Stats. Implemented: ORS 453.757
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; HD 2-1995(Temp), f. & cert. ef. 7-11-95; HD 4-1995, f. & cert. ef. 9-8-95; PH 11-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 20-2010, f. & cert. ef. 9-1-10; PH 10-2011, f. 9-30-11, cert. ef. 10-1-11

333-103-0035

Fees For Radiological Analyses

(1) An individual, agency, or company that requests that the Authority Radiation Laboratory perform radiological analyses on samples must pay a fee to the Authority in accordance with the schedule in section (2) of this rule. The responsible individual submitting the sample(s) must first obtain a request form from the Authority. This form contains the fee schedule and the types of radiological analyses offered. That individual must then submit the completed form along with the sample and the appropriate fee to the Authority. The Authority will send the results by return mail in accordance with the estimated time as per section (3) of this rule.

(2) Fee Schedule:

(a) Gamma Isotopic:

(A) Liquid — $248

(B) Solid — $284

(b) Low-level Iodine-131 — $212;

(C) Tritium (H-3) — $92.

(3) The analyses results will be available in approximately five working days for Gamma Isotopic analyses.

NOTE: If the Authority cannot complete the analyses according to the schedule in section (3) of this rule, the Authority will notify the customer as soon as possible.

(4) A $100 surcharge shall be added to the fee for a one-day completion schedule for a Gamma Isotopic analysis.

Stat. Auth.: ORS 453.757
Stats. Implemented: ORS 453.757
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; HD 2-1995(Temp), f. & cert. ef. 7-11-95; HD 4-1995, f. & cert. ef. 9-8-95; PH 11-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 20-2010, f. & cert. ef. 9-1-10; PH 10-2011, f. 9-30-11, cert. ef. 10-1-11

333-103-0050

Fees for Accredited Hospital Radiology Inspectors

(1) Each accreditation for a radiology inspector shall be subject to an accreditation fee of $264.

(2) Each accreditation issued by the Authority for a radiology inspector shall be subject to a biennial renewal fee of $264.

(3) Each accreditation shall expire in the second year on the last day of the month of issuance unless renewed.

Stat. Auth.: ORS 453.757
Stats. Implemented: ORS 453.757
Hist.: HD 3-1996, f. & cert. ef. 8-9-96; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08

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