Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.204 - BOARD OF RADIOLOGIC TECHNOLOGISTS
Subchapter 24.204.4 - General Provisions
Rule 24.204.406 - ABATEMENT OF RENEWAL FEES
Current through Register Vol. 6, March 25, 2022
(1) Pursuant to 17-2-302, MCA, state programs that charge a fee for services are generally not permitted to let their cash balance exceed twice the program's annual appropriation. However, despite the best projections of the board, there may be times when cash balances exceed the amount authorized by statute. This rule is intended to provide a process for when the board needs to reduce its cash balance with a standard methodology to do so, in fair and equitable manner. This rule provides for an abatement of certain fees when the board's cash balance is excessive.
(2) Except as provided by (3), when the board has an excessive cash balance, the department may abate the renewal fees for the board's licensees or registrants for one or more renewal cycles until the board's cash balance does not exceed the allowable maximum.
(3) This rule does not apply when an exception to 17-2-302, MCA, exists and is applicable to the board's cash balance. As an example, if the board adopts a three-year renewal cycle, the board will have an apparent excess cash balance during the first year of the renewal cycle, based on a collection of three year's worth of fees for operations expenses.
(4) This rule does not relieve the board from the duty to establish fees at a level commensurate with costs.
Mont. Admin. R. 24.204.406
NEW, 2003 MAR p. 1882, Eff. 8/29/03; TRANS, from Commerce, 2004 MAR p. 3033; AMD, 2005 MAR p. 2465, Eff. 12/9/05.
37-1-131, 37-14-202, MCA; IMP, 17-2-302, 17-2-303, 37-1-134, MCA;