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4.17.106    APPLICATION FEES AND FEES FOR SERVICES

(1) Application fees for producers are as follows:

(a) the application fee is $165 for operations having less than $20,000 in gross sales annually;

(b) the application fee is $200 for operations having $20,000 to $100,000 in gross sales annually;

(c) the application fee is $300 for operations having more than $100,000 in gross sales annually;

(d) an additional application fee is $150 for new applications for certification;

(e) an additional application fee is $250 for each additional certification requested;

(f) an additional fee for mixed operations is as follows:

(i) $50 if gross sales are less than $20,000 annually;

(ii) $100 if gross sales are from $20,000 to $100,000 annually; and

(iii) $150 if gross sales are more than $100,000 annually; and

(g) an additional fee is $75 for combined livestock and crop operations.

(2) Application fees for handlers are as follows:

(a) the application fee is $215 per facility for operations having less than $20,000 in gross sales annually;

(b) the application fee is $250 per facility for operations having $20,000 to $100,000 in gross sales annually;

(c) the application fee is $400 per facility for operations having more than $100,000 in gross sales annually;

(d) an additional application fee is $150 for new applications for certification;

(e) an additional application fee is $250 for each additional certification requested; and

(f) if an operation is certified as a producer, or is applying for certification as a producer, the operation may subtract $115 from the base application fee for handler certification.

(3) Each applicant for certification will be inspected initially and yearly thereafter, in compliance with 7 CFR 205.403, to assess compliance with certification standards. Fees will be charged to the applicant in amounts sufficient to cover costs of the inspection:

(a) for any inspections conducted by department staff, the inspection charge will be $35 per hour for time incurred in the inspection and writing the report. The department will also charge per diem and mileage at standard state rates, plus a 10% administrative charge; and

(b) for inspections conducted by contracted inspectors, the inspection charge will be equal to that specified in the contract with the inspector and paid to the inspector by the department, plus a 10% administrative charge.

(4) The fee for a transaction documentation form is $10 per sales-specific transaction documentation form that is completed by the department, and $10 for a booklet of ten sequentially numbered transaction documentation forms with an expiration date that may be used by the certified operation.

(5) Failure to pay application, inspection, or other fees due within the required time will be cause for denying, suspending, or revoking certification.

(6) All application fees and fees for services are nonrefundable upon receipt.

(7) Applications submitted after the deadline must include an additional late fee of $200.

(a) Application fees and the related $200 late fee are subject to a collection fee of 18% annual percentage rate or a minimum fee of $25, whichever is greater, for any payment amount not received within 45 days of the deadline and for each monthly billing cycle thereafter.

(8) Inspection fees are payable upon receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require past due payment of fees prior to providing certification services.

History: 80-11-601, MCA; IMP, 80-11-601, MCA; NEW, 2003 MAR p. 2848, Eff. 12/25/03; AMD, 2005 MAR p. 161, Eff. 1/28/05; AMD, 2007 MAR p. 1313, Eff. 9/7/07; AMD, 2010 MAR p. 2573, Eff. 12/31/10; AMD, 2012 MAR p. 496, Eff. 3/9/12.

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