(1) There is created an expendable special revenue fund known as the "Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund." (2) The fund consists of money from: (a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this chapter in accordance with the following: (i) the surcharge fee shall be established by the department in accordance with Section 63J-1-504; and (ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or reinstatement licensure fee; and (b) administrative penalties collected pursuant to this chapter. (3) The fund shall earn interest and all interest earned on fund money shall be deposited into the fund. (4) The director may, with concurrence of the board, make distributions from the fund for the following purposes: (a) education and training of licensees under this chapter; (b) education and training of the public or other interested persons in matters concerning engineering, structural engineering, and land surveying laws and practices; and (c) enforcement of this chapter by: (i) investigating unprofessional or unlawful conduct; and (ii) providing legal representation to the division when the division takes legal action against a person engaging in unprofessional or unlawful conduct. (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess shall be transferred to the General Fund. (6) The division shall report annually to the appropriate appropriations subcommittee of the Legislature concerning the fund.
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