1. (a) The Securities Commissioner shall establish fees by rule or order for:

   1. (1) an initial filing of an application as a broker-dealer and renewal of an application by a broker-dealer for registration;
   2. (2) an application for registration as an agent and renewal of registration as an agent;
   3. (3) an application for registration as an investment adviser and renewal of registration as an investment adviser;
   4. (4) an application for registration as an investment adviser representative, a renewal of registration as an investment adviser representative, and a change of registration as an investment adviser representative; and
   5. (5) an initial fee and annual notice fee for a federal covered investment adviser required to file a notice under Section 35-1-405.
2. (b) A person required to pay a filing or notice fee under this section may transmit the fee through or to a designee as a rule or order provides under this chapter.
3. (c) When an application or other filing fee is denied or withdrawn, the filing fee shall not be refunded, except upon order by the Securities Commissioner.
4. (d) A rule adopted or order issued under this chapter may require that an examination, including an examination developed or approved by an organization of securities regulators, be successfully completed by a class of individuals or all individuals. An order issued under this chapter may waive, in whole or in part, an examination as to an individual and a rule adopted under this chapter may waive, in whole or in part, an examination as to a class of individuals if the Securities Commissioner determines that the examination is not necessary or appropriate in the public interest and for the protection of investors.

HISTORY: 2005 Act No. 110, Section 1, eff January 1, 2006.