2006 Utah Code - 13-1-2 — Creation and functions of department -- Divisions created -- Fees.

     13-1-2.   Creation and functions of department -- Divisions created -- Fees.
     (1) (a) There is created the Department of Commerce.
     (b) The department shall execute and administer state laws regulating business activities and occupations affecting the public interest.
     (2) Within the department the following divisions are created:
     (a) the Division of Occupational and Professional Licensing;
     (b) the Division of Real Estate;
     (c) the Division of Securities;
     (d) the Division of Public Utilities;
     (e) the Division of Consumer Protection; and
     (f) the Division of Corporations and Commercial Code.
     (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department by following the procedures and requirements of Section 63-38-3.2.
     (b) The department shall submit each fee established in this manner to the Legislature for its approval as part of the department's annual appropriations request.
     (c) (i) All fees collected by each division and by the department shall be deposited in a restricted account within the General Fund known as the Commerce Service Fund.
     (ii) At the end of each fiscal year, the director of the Division of Finance shall transfer into the General Fund any fee collections that are greater than the legislative appropriations from the Commerce Service Fund for that year.
     (d) The department may not charge or collect any fee nor expend monies from this fund without approval by the Legislature.

Amended by Chapter 98, 2005 General Session