PAYMENT OF FEES
§ 218.11. Registration, renewal of registration and license fees.
(a) Annual registration fees for radiation-producing machines are the sum of an annual administrative fee and an annual fee for each X-ray tube or radiation generating device and shall be paid as follows:
Type Facility Annual Administrative Fee Annual Fee per X-ray Tube or Radiation Generating Device Chiropractors, dentists, podiatrists, veterinarians $130 $65 Hospitals $940 $65 Other Facilities $455 $65 (b) A registrant filing an initial registration under § 216.2 (relating to registration of radiation-producing machines) or an application for renewal of a certificate of registration under § 216.4 (relating to renewal of certificate of registration) shall remit the appropriate fee calculated by using the information on the registration or application form and the fee schedule in subsection (a). Fees for any initial registration under § 216.2 are payable upon the filing of the registration. Fees for the renewal of a certificate of registration are payable upon the submission of an application for a renewal of a certificate of registration. If the number of tubes increases after an initial registration or after an application for renewal has been filed with the Department, no additional fee is required until the time of the next registration. Likewise, if the number of tubes decreases during the year, no refund will be made for that year.
(c) Annual license fees for radioactive material shall be paid as set forth in Appendix A (relating to fees for radioactive material licenses).
(1) No refund will be made for termination of a license.
(2) If, by amendment or otherwise, a license changes to another fee category, the fee for the new category will take effect on the anniversary date of the license.
(d) Particle accelerators are licensed under Chapter 228 (relating to radiation safety requirements for particle accelerators). Annual fees are as follows:
(1) Accelerators, below 50 MeV, other than for ion implantation—$2,730 for the first accelerator at the facility plus $910 for each additional unit at that facility.
(2) Accelerators used for ion implantation—$910 plus $90 for each additional unit at the same facility.
(3) Accelerators 50 MeV and above—full cost of staff time to review license applications and conduct inspections as needed. (Hourly rate is $195 per hour). For the purpose of anticipating costs and compliance with subsections (e) and (f), a minimum annual fee of $2,730 for the first accelerator at the facility plus $910 for each additional unit is established. Additional invoices will be issued by the Department at regular intervals at least quarterly when net costs are incurred above the minimum annual fee.
(e) An initial application for a license or reciprocity shall be accompanied by a payment to the Department in accordance with the fee schedules in subsections (c) and (d). Thereafter, the Department will issue an annual fee invoice in accordance with the appropriate fee schedule at least 2 months prior to the license expiration. Fees shall be paid by the last day of the license expiration month as shown on the license fee invoice. This provision is not applicable to full cost recovery licenses specified in Appendix A.
(f) The Department will not accept an initial application for a license prior to payment of the fees required by subsections (c) and (d).
(g) If the registration involves more than one of the facilities in subsection (a), or if a license involves more than one of the categories in subsection (c), the highest applicable fee applies.
(h) The fee schedule in subsection (a) is not applicable to accelerators, emerging technology devices or electronic brachytherapy.
(i) Electronic brachytherapy devices are licensed under Chapter 221 (relating to X-rays in the healing arts). The annual fee is $1,300 for the first unit (controller) at the facility plus $130 for each additional unit at that facility.
(j) Emerging technology devices require Department safety review and approval prior to use. The registrant shall pay a fee equal to the full cost of Department staff time, as specified in Appendix A, for the review and approval process.
(k) A radiation-producing machine service provider shall pay an annual registration fee of $180.
(l) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report must identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and must contain recommendations to increase fees to eliminate the disparity, including recommendations for regulatory amendments to increase program fees.
Authority The provisions of this § 218.11 amended under sections 301, 302 and 401 of the Radiation Protection Act (35 P.S. § § 7110.301, 7110.302 and 7110.401); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 218.11 adopted December 31, 1987, effective January 2, 1988, 18 Pa.B. 11; amended May 3, 1991, effective May 4, 1991, 21 Pa.B. 2005; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6280; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791; amended June 23, 2023, effective 30 days after publication, 53 Pa.B. 3324. Immediately preceding text appears at serial pages (394066) to (394068).
Cross References This section cited in 25 Pa. Code § 215.31 (relating to granting exemptions); 25 Pa. Code § 216.1 (relating to purpose and scope); 25 Pa. Code § 216.2a (relating to registration of radiation-producing machine service providers); 25 Pa. Code § 216.4 (relating to renewal of certificate of registration); 25 Pa. Code § 216.4a (relating to expiration and termination of certificates of registration); 25 Pa. Code § 218.11a (relating to special provisions for calculating fees during agreement state transition period); and 25 Pa. Code § 228.21a (relating to notification and license requirements).
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