Deposit and use of money received pursuant to chapter; delegation of authority to take disciplinary action; deposit of fines.
1. Except as otherwise provided in subsection 6, all money received pursuant to the provisions of this chapter must be deposited in the State Treasury for credit to the Attorney General’s Special Fund and must be used by the Board for the administration of this chapter and to pay the expenses and salary of members, agents and employees of the Board.
2. Any amount remaining in the Fund at the end of a fiscal year must be carried forward into the next fiscal year.
3. The Board through majority vote controls exclusively the expenditures from the Fund. The Board may not make expenditures or incur liabilities in a total amount greater than the amount of money actually available in the Fund.
4. Except as otherwise provided in subsection 6, the money in this Fund may be used to:
(a) Pay the expenses of the Board in connection with the investigation of the background of an applicant;
(b) Finance a substantive investigation of a licensee or of unlicensed activity; and
(c) Pay the operational and administrative expenses of the Board and its Secretary,
Ê and for such other expenses as the Board deems appropriate to regulate the persons subject to its supervision.
5. The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in the State Treasury for credit to the Attorney General’s Special Fund.
6. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5, the Board shall deposit the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund. In such a case, the Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
Last modified: February 27, 2006