(1) There is an account in the state special revenue fund for contingent litigation fees. The money in the account is statutorily appropriated, as provided in 17-7-502, to the department of labor and industry and must be used to pay the legal fees and costs associated with the discipline of a license issued by a licensing board created under Title 2, chapter 15, part 17, or a licensing program recognized by 37-1-401.
- (a) Fees and costs may only be paid from the fund if the actual fees and costs of the disciplinary proceeding exceed $15,000. Subject to the availability of funds, money may be transferred to the board or program for all fees and costs exceeding $15,000.
- (b) The fees and costs may continue to be paid from the fund if the board or program becomes ineligible to participate in the fund pursuant to subsection (4).
- (c) The department is authorized to make rules relating to the distribution of the fund, including the priority to the allocation of the fund.
- (2) The department may not use the funding provided in this section to pay costs, fees, penalties, or sanctions ordered against a board or program.
(3) The department is authorized to set a fee by rule that:
(a)
- (i) may not exceed $25 a year for each licensee;
- (ii) must be paid by licensees as part of their initial or renewal application fee; and
- (iii) must be the same for all licenses of boards subject to this section;
- (b) may not be collected in any fiscal year in which the total fund balance on March 31 exceeds $300,000; and
- (c) is solely applicable to licensees of boards or programs identified in subsection (4).
- (4) A board or program with revenue of $200,000 or less based on a preceding fiscal 3-year rolling average is subject to this section.
- (5) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account. (Terminates June 30, 2031--sec. 5, Ch. 129, L. 2025.)
History: En. Sec. 1, Ch. 129, L. 2025.