326.319. Division to collect moneys--fund created--costs paid by respondent in proceedings, when--fees set by board.

MISSOURI STATUTES AND CODES

326.319. Division to collect moneys--fund created--costs paid by respondent in proceedings, when--fees set by board.

Division to collect moneys--fund created--costs paid by respondentin proceedings, when--fees set by board.

326.319. 1. All moneys payable pursuant to the provisions of thischapter shall be collected by the division of professional registration whoshall transmit them to the department of revenue for deposit in the statetreasury to the credit of a fund to be known as the "State Board ofAccountancy Fund" which is hereby created.

2. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, money in the fund shall not be transferred and placed to thecredit of general revenue until the amount in the fund at the end of thebiennium exceeds two times the amount of the appropriation from the board'sfunds for the preceding fiscal year or, if the board requires by rulecertificate or permit renewal less frequently than yearly, then three timesthe appropriation from the board's funds for the preceding fiscal year.The amount, if any, in the fund which shall lapse is that amount in thefund which exceeds the appropriate multiple of the appropriations from theboard's funds for the preceding fiscal year.

3. In any proceeding in which a remedy provided by subsection 1 or 2of section 326.310 is imposed, the board may also require the respondentlicensee to pay the costs of the proceeding if the board is a prevailingparty or in settlement. The moneys shall be placed in the state treasuryto the credit of the "Missouri State Board of Accountancy InvestigationFund", which is hereby created, to be used solely for investigations asprovided in this chapter. The moneys shall not be considered incalculating amounts to be transferred to general revenue as provided insubsection 2 of this section. The fund shall be used solely for boardinvestigations.

4. The board shall set the amount of the fees which this chapterauthorizes and requires by rule pursuant to chapter 536, RSMo. The feesshall be set at a level to produce revenue which shall not substantiallyexceed the cost and expense of administering this chapter.