2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 50 - NATURAL MEDICINE (§§ 44-50-101 — 44-50-1001) › Part 6 - FEES (§§ 44-50-601 — 44-50-602) › Section 44-50-601 - Regulated natural medicine cash fund - created - rules - fees

(1)
(a)
All money collected by the state licensing authority pursuant to this article 50 or rules promulgated pursuant to this article 50 must be transmitted to the state treasurer, who shall credit the same to the regulated natural medicine division cash fund, which is hereby created. The regulated natural medicine division cash fund, referred to in this section as the "fund", consists of:
(I)
The money collected by the state licensing authority; and
(II)
Any additional general fund money appropriated to the fund that is necessary for the operation of the state licensing authority.
(b)
Money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this article 50.
(c)
Any money in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund.
(2)
The executive director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section
24-75-402 (3)
to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section
24-75-402 (4)
.
(3)
(a)
The state licensing authority shall establish fees for processing the applications or licenses pursuant to section
44-50-301
.
(b)
The amounts of such fees, when added to the other fees transferred to the fund pursuant to this section, must reflect the actual direct and indirect costs of the state licensing authority in the administration and enforcement of this article 50 so that the fees avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds as set forth in section
24-75-402 (3)
.
(c)
The state licensing authority may charge applicants licensed pursuant to this article 50 a fee for the cost of each fingerprint analysis and background investigation undertaken to qualify new officers, directors, managers, or employees.
(d)
At least annually, the state licensing authority shall review the amounts of the fees and, if necessary, adjust the amounts to reflect the direct and indirect costs of the state licensing authority.
(e)
The fees established and collected pursuant to this section must not exceed the amount necessary to administer this article 50.
(4)
Except as provided in subsection (5) of this section, the state licensing authority shall establish a basic fee that shall be paid at the time of service of any subpoena upon the state licensing authority, plus a fee for meals and a fee for mileage at the rate prescribed for state officers and employees in section
24-9-104
for each mile actually and necessarily traveled in going to and returning from the place named in the subpoena. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, there shall be paid, in advance, a sum to be established by the state licensing authority for each day of attendance to cover the expenses of the person named in the subpoena.
(5)
The subpoena fee established pursuant to subsection (4) of this section does not apply to any federal, state, or local governmental agency.
Added by 2023 Ch. 249,§ 21, eff. 7/1/2023.