43-1-703 - Fees authorized Regulations. - Tennessee Statutes

43-1-703. Fees authorized Regulations.

(a)  In order to facilitate the proper administration of each statute listed in § 43-1-701(b), the department of agriculture shall charge fees for the various services and functions it performs under each of those statutes, including, but not limited to, permit processing fees, license fees, registration fees, plans review fees, facility inspection fees, charter fees, and costs of the department as may be necessary to implement associated provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The level of these fees shall be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under each of the statutes listed in § 43-1-701(b). It is the intention of the general assembly that the fees shall provide funding for implementation of the respective statutes and/or improvement of the performance of the department in carrying out its duties.

(b)  The fees shall be adopted by regulations by the commissioner of agriculture.

(c)  All fees in existence prior to January 1, 2002, under the statutes specified in § 43-1-701(b), shall be continued and shall be calculated and maintained with any such additional fees authorized in this part; provided, that such existing fees may be used in any manner consistent with the commissioner's authority, this part notwithstanding.

(d)  No permit or renewal of a permit shall be issued to an applicant for a permit under the foregoing authorities until all fees required by this part are paid in full.

(e)  (1)  Unless otherwise stipulated in this part, if any part of any fee imposed under this part is not paid within fifteen (15) days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added to the amount due. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added to the unpaid balance. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.

     (2)  In addition to other powers and authority provided in this part, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this part.

     (3)  Any person required to pay the fees set forth under this part who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due must be received by the commissioner not later than fifteen (15) days after the due date. The hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.

(f)  For the following categories, the fees shall not exceed the following maximum amounts; however, the commissioner is encouraged to use graduated fees to fairly apportion the fees:

     (1)  Aerial applicator licenses: two hundred dollars ($200);

     (2)  Aerial decals: one hundred fifty dollars ($150);

     (3)  Animal diagnostic laboratory services including but not limited to biopsy, necropsy, cytology, parasitology, virology, bacteriology, toxicology, and immunology: one hundred and fifty dollars ($150) per case or test;

     (4)  Commercial pesticide applicator certification: fifteen dollars ($15.00) for each examination, five dollars ($5.00) for each replacement card or new card issued upon completion of recertification;

     (5)  Florist certificate: twenty-five dollars ($25.00);

     (6)  License examinations: one hundred fifty dollars ($150);

     (7)  Nematode sample analysis: ten dollars ($10.00);

     (8)  Nursery stock or other plant material plant dealer certificates: two hundred dollars ($200);

     (9)  Pest control charter fee: two hundred dollars ($200);

     (10)  Pest control licenses: twenty dollars ($20.00) per category;

     (11)  Pesticide dealer license fee: fifty dollars ($50.00);

     (12)  Pesticide dealer license late fee: twenty-five dollars ($25.00);

     (13)  Pesticide product registration fee: one hundred dollars ($100);

     (14)  Pesticide product registration late fee: fifty dollars ($50.00);

     (15)  Phytosanitary certificates: equivalent to federal U.S. department of agriculture, animal and plant health inspection service fees;

     (16)  Private pesticide applicator certification: ten dollars ($10.00);

     (17)  Solicitor/technician cards: twenty dollars ($20.00); and

     (18)  Special local need (24-C) fee: two hundred fifty dollars ($250).

(g)  The department shall have no authority to assess the fee imposed by subdivision (f)(8), the greenhouse plant certification fee, or any other licensure or plant certification fee established by this part against:

     (1)  Any person engaged in the production of tobacco seedlings; or

     (2)  Any farmer who produces and sells plants or seedlings in connection with such person's farming operations, but who is not primarily engaged in the business of producing and selling plants or seedlings, as determined by the commissioner.

[Acts 1994, ch. 960, § 4; 1998, ch. 636, § 2; 2002, ch. 640, §§ 7-14, 33.]