§ 25-15-105 — Administrative fees and penalties

(a) As used in this section, "agency" means the same as defined at § 25-15-202 . (b) (1) An agency shall not assess a fee or penalty without specific statutory authority to: (A) Assess a certain type and amount of fee or penalty; or (B) Impose a fee or penalty in general. (2) (A) An agency assessing or imposing a fee or penalty shall promulgate the fee or penalty by rule. (B) An agency is not required to promulgate a fee or penalty by rule if the specific amount of the fee or penalty is set by statute. (C) A rule assessing or imposing a fee or penalty shall be submitted to the Legislative Council for review and approval before a fee or penalty may be assessed or imposed by the agency. (c) Subsection (b) of this section does not affect an agency's authority to deny, suspend, and revoke licenses within its regulatory authority.

Legislative History

Amended by Act 2021, No. 1101,§ 2, eff. 7/28/2021. Acts 2011, No. 1159, § 1.