Notwithstanding any other provision of law, except for those boards or commissions under the supervision of the office of professional licensure and certification, a board or commission may retain expert witnesses or other qualified persons to assist with any investigation or adjudicatory proceeding. Members of the board or commission are not eligible for retainment. The board or commission may also retain special legal counsel in instances when recommended by the attorney general. To the extent the existing appropriation of the board or commission does not include funds covering such expenditures, the board or commission may request the governor and council to expend funds not otherwise appropriated on the condition that such funds be considered in the next budget of the board or commission when the board or commission sets its fees so as to produce estimated revenues equal to 125 percent of its direct operating expenses for the previous fiscal year.
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