58-22-103 - Education and enforcement fund.
58-22-103. Education and enforcement fund.
(1) There is created a restricted special revenue fund known as the "ProfessionalEngineer, Professional Structural Engineer, and Professional Land Surveyor Education andEnforcement Fund."
(2) The fund consists of money from:
(a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under thischapter in accordance with the following:
(i) the surcharge fee shall be established by the department in accordance with Section63J-1-504; and
(ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, orreinstatement licensure fee; and
(b) administrative penalties collected pursuant to this chapter.
(3) The fund shall earn interest and all interest earned on fund money shall be depositedinto the fund.
(4) The director may, with concurrence of the board, make distributions from the fundfor the following purposes:
(a) education and training of licensees under this chapter;
(b) education and training of the public or other interested persons in matters concerningengineering, structural engineering, and land surveying laws and practices; and
(c) enforcement of this chapter by:
(i) investigating unprofessional or unlawful conduct; and
(ii) providing legal representation to the division when the division takes legal actionagainst a person engaging in unprofessional or unlawful conduct.
(5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excessshall be transferred to the General Fund.
(6) The division shall report annually to the appropriate appropriations subcommittee ofthe Legislature concerning the fund.
Amended by Chapter 183, 2009 General Session