N.D. Admin Code 33.1-15-24-04 - Lead-based paint abatement licensing, certification, and course approval fees

1. Purpose. This section establishes fees charged for the issuance of licenses and certificates by the department for lead-based paint activities. This section also establishes fees charged to recover costs associated with regulatory activities involving lead-based paint.

2. Scope. This section applies to a person or company who is an applicant for a lead-based paint certificate, license, or course approval issued by the department.

3. Exemptions.

a. No application fees, license fees, amendment fees, or renewal fees shall be required for:

(1) Nonprofit educational institutions are exempt from the fees prescribed in this section. This exemption does not apply to institutions which perform any of the following:

(a) Remunerated services to other persons.

(b) Activities performed under a government contract.

(2) Public employees.

(3) Firms which perform only in house lead-based paint activities.

b. The department may, upon application by an interested person, or upon its own initiative, grant such exemptions from the requirements of this section as it determines are authorized by law and are otherwise in the public interest.

4. Payment of fees. Any fees required by this subsection are not refundable.

a. License, certification, and course approval fees. The appropriate licensing, certification, or course approval fee shall accompany the application when filed with the department.

b. Renewal fees. The appropriate renewal fee shall accompany the renewal application when filed with the department.

c. Special project fees. Special project means those projects submitted to the department for review and for which specific fees are not prescribed in this chapter. Special project fees will be based upon the current professional staff hourly rate. Fees for special projects are payable upon notification by the department that review of the project is completed.

d. Method of payment. Fee payments shall be made by check or money order made payable to the department.

e. Submittal of application and fee payment. The application for licensure or certification shall be submitted to:

North Dakota Department of Environmental Quality

Division of Air Quality

1200 Missouri Avenue, Room 304

P.O. Box 5520

Bismarck, ND 58506-5520

5. Failure by applicant or licensee to pay prescribed fees. If the department finds that an applicant or a licensee has failed to pay a prescribed fee required in this section, the department will not process any application and may suspend or revoke any certification, license, or course approval involved or may issue an order with respect to licensed activities as the department determines to be appropriate or necessary in order to carry out the provisions of this chapter and of the North Dakota Century Code.

6. Schedule of fees for lead-based paint activities.

a. Applicants for lead-based paint licenses, certifications, and course approvals shall pay the following fees:

Fee Category	Term	Fee
Contractor license	3 years	$450.00
Individual certifications	3 years	$150.00 (per discipline)

b. Training course approvals. Any training provider requesting a review of the provider's course for approval by the department shall submit a filing fee of one hundred fifty dollars and pay an application processing fee. The application processing fee will be based on the actual processing costs, including time spent by the department to conduct the course review and course audit, and any travel and lodging expenses the department incurs conducting these activities. Following the course review and audit, and after making a determination on the accreditation status of the course, a statement will be sent to the applicant listing the remaining application processing costs. The course provider must conduct a course in North Dakota for audit purposes within fifteen months of the submittal of the initial filing fee or the initial filing fee and any application processing fees paid will be forfeited.

Notes

N.D. Admin Code 33.1-15-24-04

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019. Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.

General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 21