32-1931

32-1931. Permit fees; issuance; expiration;
renewals

A. The board shall assign the permit of all persons or firms issued under this
chapter to one of two permit renewal groups. Except as provided in section 32-4301, a
holder of a permit ending in an even number shall renew it biennially on or before
November 1 of the even numbered year, two years from the last renewal date. Except as
provided in section 32-4301, a holder of a permit ending in an odd number shall renew it
biennially on or before November 1 of the odd numbered year, two years from the last
renewal date. Failure to renew and pay all required fees on or before November 1 of the
year in which the renewal is due suspends the permit. The board shall vacate a
suspension when the permittee pays penalties of not to exceed three hundred fifty dollars
and all past due fees. The board may waive collection of a fee or penalty due after
suspension under conditions established by a majority of the board.

B. The board shall prorate the fee for new permits for the remaining full calendar
months of the respective group to which the permit is assigned.

C. Permit fees that are designated to be not more than a maximum amount shall be
set by the board for the following two fiscal years beginning November 1. The board shall
establish the fees approximately proportionate to the maximum fee allowed to cover the
board's anticipated expenditures for the following two fiscal years. Variation in a fee
is not effective except at the expiration date of the permit.

D. Applications for permits shall be accompanied by the following biennial fees as
determined by subsection C of this section:

1. A nonprescription drug permit, not more than two hundred dollars. Permittees
stocking thirty different nonprescription drug products or less shall be classified as
category I retailers. Permittees stocking more than thirty different nonprescription drug
products shall be classified as category II retailers. Both categories are subject to
biennial permit fees established by the board pursuant to this chapter.

2. A drug manufacturer's permit, not more than one thousand dollars.

3. A pharmacy permit, not more than five hundred dollars.

4. A limited service pharmacy permit, not more than five hundred dollars.

5. A full service wholesale drug permit, not more than one thousand dollars.

6. A nonprescription drug wholesale permit, not more than five hundred dollars.

7. A drug repackager's permit, not more than one thousand dollars.

8. A compressed medical gas distributor permit, not more than two hundred dollars.

9. A compressed medical gas supplier permit, not more than one hundred dollars.

E. If an applicant is found to be satisfactory to the board, the executive director
shall issue to the applicant a permit for each pharmacy, manufacturer, wholesaler or
other place of business in which drugs are sold, manufactured, compounded, dispensed,
stocked, exposed or offered for sale, for which application is made.

F. Permits issued under this section are not transferable.

G. If a permittee does not apply for renewal, the permit expires pursuant to
subsection A of this section. A person may activate and renew an expired permit by
filing the required application and fee. Renewal thirty days after the expiration date
of a permit may be made only on payment of the required biennial renewal fee, all past
due fees and a penalty of one-half of the amount of the applicable biennial renewal fee.
The board may waive the collection of a fee or penalty due after suspension pursuant to
conditions prescribed by the board.