Section R9-14-619. Out-of-State Environmental Laboratory Licens- ing

A.      A licensee or applicant for an out-of-state laboratory at which Arizona compliance testing is performed shall comply with the requirements of A.R.S. Title 36, Chapter 4.3 and this Article.

B.       A licensee or applicant for an out-of-state laboratory shall pay all actual expenses incurred by the Department as a result of the laboratory’s location, including:

1.        The estimated costs of each laboratory inspection or investigation at the laboratory;

2.        The amount by which the actual costs of each laboratory inspection or investigation at a laboratory exceed the esti- mated costs;

3.        Additional expenses incurred by the Department for each investigation at the laboratory; and

4.        A zone fee for each Department representative required to appear at the laboratory to  perform the laboratory inspection or investigation, as follows:

a.         For zone 1, including California, Nevada, Utah, Col- orado, and New Mexico: $114;

b.        For zone 2, including all states west of the Missis- sippi River not listed in subsection (B)(4)(a): $179;

c.         For zone 3, including all states east of the Missis- sippi River and Alaska and Hawaii: $290; and

d.        For zone 4, including all countries outside of the United States: $516.

C.      The Department shall:

1.        Determine the estimated costs and zone fees for a labora- tory inspection or investigation after making travel arrangements to visit an out-of-state laboratory;

2.        Send the licensee or applicant for an out-of-state labora- tory a bill for the estimated costs and zone fees, with instructions to submit the amount billed to the Depart- ment within 20 days after the date that the Department sends the bill; and

3.        After a laboratory inspection or investigation is com- pleted, determine the actual costs for the inspection or investigation and any additional expenses incurred for an investigation and:

a.         If the actual costs and additional expenses exceed the estimated costs and zone fees already paid, send a bill to the licensee or applicant for the out-of-state laboratory for the amount by which the actual costs and expenses exceed the estimated costs and zone fees paid, with instructions to submit the amount billed to the Department within 20 days after the date that the Department sends the bill; or

b.        If the actual costs and expenses are less than the esti- mated costs and zone fees already paid, notify the licensee or applicant, determine whether the licensee or applicant desires a refund or a credit, and send a refund or issue a credit within 45 days after the date that the licensee or applicant specifies the desired form of payment.

Historical Note

New Section R9-14-619 renumbered from R9-14-618 and amended by final rulemaking at 7 A.A.R. 184, effec- tive December 15, 2000 (Supp. 00-4). Amended by final

rulemaking at 12 A.A.R. 4798, effective December 5,

2006 (Supp. 06-4).