1. (a) Application.

   1. (1) An application for approval of a soil treatment shall be submitted with the Department 15 days prior to the planned start of treatment to allow for scheduling of inspections and to verify stock eligibility.
   2. (2) An application for testing using approved laboratory methods shall be submitted to the Department by not less than 15 days prior to the month in which sampling must be performed to allow for workload scheduling.
   3. (3) A late application may be accepted as workload, scheduling, and staffing permit. If workload, scheduling, or staffing do not allow for required testing using approved laboratory methods, a late application will be refused.

   The applicant shall furnish any information requested regarding the planting and shall consent to the taking of samples by the Department for inspection or testing purposes. The required fees shall accompany each application submitted.

2. (b) Fees.

   1. (1) The Department shall establish a schedule of fees for the services provided in this article based upon the approximate cost of the service rendered.
   2. (2) The Department may charge additional fees when due to conditions, total acreage entered, or number of samples and/or determinations made, the fees established will not cover the cost of the service.
   3. (3) The Department may establish a late fee for applications.
   4. (4) Fees paid for services that are not rendered shall be refunded to the applicant provided, however, that amounts refunded may be prorated based on the amount of work actually performed by the Department in the administration of the requirements of this article.

   Fees established by this article are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the approval, inspection, sampling, and determination procedures and are not to obtain any right or privilege.

3. (c) Fee Schedule.

   1. (1) The Secretary of Food and Agriculture, pursuant to Section 5822 of the Food and Agricultural Code, hereby establishes fees for inspections, including sampling and testing, and special treatments for the nursery stock nematode certification program. The fees shall be:

      1. (A) Supervision of Soil Treatments.

         1. 1. $45.00 per hour per site when the application is postmarked a minimum of fifteen (15) days prior to initiation of the treatment.
         2. 2. $100.00 late fee plus $45.00 per hour per site when the application is postmarked less than fifteen (15) days prior to initiation of the treatment.
      2. (B) Sampling. $45.00 per hour.
      3. (C) Testing. $40.00 per sample submitted.

      4. (D) Supervision of Commodity Treatments.

         1. 1. $45.00 per hour when application is postmarked a minimum of fifteen (15) days prior to initiation of the treatment.
         2. 2. $100.00 late fee plus $45.00 per hour when application is postmarked less than fifteen (15) days prior to initiation of the treatment.
   2. (2) When calculating service charges, the hourly rate shall be applied to travel time (portal to portal), field time, and documentation time.

Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.

History

1. New section filed 8-16-94 as an emergency; operative 8-16-94 (Register 94, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-14-94 or emergency language will be repealed by operation of law on the following day.

2. New subsections (c)-(c)(2) filed 8-30-94 as an emergency; operative 8-30-94 (Register 94, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 8-30-94 order, including amendment of subsection (c)(1) transmitted to OAL 11-29-94 and filed 1-11-95 (Register 95, No. 2).

4. Certificate of Compliance as to 8-16-94 order transmitted to OAL 12-14-94 and filed 1-26-95 (Register 95, No. 4).

5. Amendment of subsections (c)(1)(A)-(B) and (c)(1)(D)1.-2. filed 9-29-2003; operative 10-29-2003 (Register 2003, No. 40).