Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-01 - Office of the Commissioner
Chapter 0400-01-01 - Public Records and Fees and Charges for Certain Departmental Services
Section 0400-01-01-.02 - MISCELLANEOUS FEES

Universal Citation: TN Comp Rules and Regs 0400-01-01-.02

Current through September 24, 2024

(1) Purpose

The purpose of this Rule is to establish a process for assessing fees and charges for certain departmental services. Pursuant to T.C.A. § 11-3-302, fees and charges related to park operations shall be placed in the state park fund. Pursuant to T.C.A. § 68-203-101, fees and charges, for the environmental programs listed in subsection (b) of that statute, shall be placed in the Tennessee Environmental Protection Fund.

(2) Assessment of certain fees and charges

To defray the cost of park operation and the administration of environmental regulatory programs, the Commissioner shall establish fees and charges as are necessary to make the department as self-sufficient as possible. The Commissioner may set fees and charges for:

(a) Revenue-generating facilities, including marinas, campgrounds, golf courses, cabins, gift shops, restaurants;

(b) Miscellaneous services provided by the Department; and,

(c) Regulatory functions and services provided for which fees are not otherwise specified in statutes or rules.

(3) In setting such fees and charges the Commissioner shall consider:

(a) Maintenance costs;

(b) Short and long term operational cost;

(c) Mileage;

(d) Lab expense;

(e) The State's current overhead rate;

(f) Costs billed to the State by contractors and consultants; and,

(g) A reasonable portion of the amount expended by the Department in gathering and posting data, computer program development cost, etc.

Authority: T.C.A. §§ 11-1-101, 11-1-108 and 68-203-103.

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