1. (1) Each ME doing business in this state and subject to the jurisdiction of the Commission shall pay a regulatory fee each year for the inspection and supervision of such business during the next preceding fiscal year. Such inspection and supervision fees shall be paid by such MEs in addition to any and all property, franchise, license, intangible and other taxes, fees and charges now or hereafter provided by law. Such inspection and supervision fees shall be measured by the amount of gross receipts of each such ME for the fiscal year next preceding the dates herein fixed for the payment of the same, except that in case of such MEs engaged in interstate business, the fees shall be measured by the gross receipts of such MEs from intrastate business only, for such preceding fiscal year, and not in any respect upon receipts derived wholly or in part from interstate business. Such fees shall be ascertained as follows: A fee of $2.85 per $1,000.00 for the first $100,000.00 or less of such gross receipts; a fee of $2.35 per $1,000.00 for each additional $1,000.00 of such gross receipts up to and including $1,000,000.00 thereof; a fee of $1.85 per $1,000.00 for each additional $1,000.00 of such gross receipts over $1,000,000.00 thereof, but in no case shall said fee be less than $25.00, which shall be the minimum inspection and supervision fee to be paid by any ME. The Commission shall keep a true record of all such amounts so paid to it, under this subsection but said amounts, when received by the Commission, shall be promptly paid over to the treasurer, and shall be held in the Commission’s operating fund by, and shall be paid out by the treasurer in payment of expenses incurred by the Commission under this title upon warrants drawn as provided by law upon the treasurer and approved as required by law. Payment of the supervision and inspection fees provided for hereunder shall in all respects be governed by the provisions of subsections (2) and (3) of this rule.
2. (2) Supervision and inspection fees provided for in this rule shall be in default after November 1 of each year, if not paid prior to or on that date. In the event that the amount payable by any ME for any year cannot be ascertained on or before November 1 of a given year, such ME shall, in any event, pay the minimum supervision and inspection fee herein provided and in addition such part of any additional supervision and inspection fee as may be ascertainable on or before the date of default; and when any further or additional amount payable for year can be ascertained, the same shall be paid within 30 days after it becomes possible to ascertain the same. Any ME failing in whole or in part to pay any supervision or inspection fee, or part thereof, due by it within any of the time herein prescribed for payment of the same, shall be in default and shall be liable to a penalty of not exceeding $50.00 per day, to be recovered by suit of the state, for every day it thereafter remains in default, and such penalty may be recovered together with the supervision and inspection fee in default, in a single action.
3. (3) The state shall have a lien upon all the property in this state of any ME for the payment of the supervision and inspection fees provided for in this chapter and the related penalties.

Author: Alabama Public Service Commission

Statutory Authority: Code of Ala. 1975, §§22-25B-6, 22-25B-7.

History: Effective as Interim Rule: August 2009. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, §41-22-7. Filed with LRS May 15, 2014. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on May 15, 2014, pursuant to the Code of Ala. 1975, §41-22-7.