Account for Disposition of Fees — Budget

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  1. All fees and civil penalties authorized by this part, with the exception of fees established pursuant to § 68-11-1625, shall be paid by the health services and development agency or the collecting agency to the state treasurer and deposited in the state general fund and credited to a separate account for the agency. Fees include, but are not limited to, fees for the application of certificates of need, subscriptions, project cost overruns, copying, and contested cases. Disbursements from that account shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of this part by the agency. Funds remaining in the account at the end of any fiscal year shall not revert to the general fund but shall remain available for expenditure in accordance with law.
  2. The agency shall prescribe fees by rule as authorized by this part. The fees shall be in an amount that provides for the cost of administering the implementation and enforcement of this part by the agency. Fees prescribed by the agency shall be adjusted as necessary to provide that the account is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures.


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