Section 55-3.8 - Inspection fee

55-3.8 Inspection fee.

(a) Prior to any on-site inspection, an out-of-state laboratory possessing or seeking a certificate of approval shall pay an inspection fee in addition to its approval fee. The purpose of the inspection fee is to offset the additional travel costs incurred by the department in sending inspectors out-of-state. Such fees will be credited to the environmental laboratory approval fee account. The inspection fee shall consist of the following components:

(1) a transportation expense, which shall be either the actual expense if travel is by common carrier, or a mileage expense at the rate negotiated between the State and the union representing the employees scheduled to conduct the inspection; and

(2) a per diem expense as specified by the New York State Comptroller for the inspecting employees, multiplied by the number of days estimated by the department to be necessary for travel and the actual inspection.

(b) In calculating this fee, the department shall estimate the total cost of the components specified in subdivision (a) of this section and divide it equally among the laboratories inspected on any trip.

(c) In the event the department underestimates any of the above expenses, the laboratory shall pay any difference between the estimate and the actual expense.

(d) In the event the department overestimates any of the above expenses, the laboratory shall be notified of the difference between the estimate and the actual expense, and its account shall be credited that amount unless a refund is requested.

(e) Failure to pay the fee for out-of-state inspection shall result in suspension or non-renewal of the laboratory approval.
 

Effective Date: 
Wednesday, August 8, 1990
Doc Status: 
Complete