§ 38-1a-206. Registry fees.

(1) In accordance with the process required by Section 63J-1-504, the division shall establish the fees for:

(a) required notices, whether filed electronically or by alternate means;

(b) a request for notification under Section 38-1a-204;

(c) providing notification of a required notice, whether electronically or by alternate means;

(d) a duplicate receipt of a filing; and

(e) account setup for a person who wishes to be billed periodically for filings with the registry.

(2) The fees allowed under Subsection (1) may not in the aggregate exceed the amount reasonably necessary to create and maintain the registry.

(3) The fees established by the division may vary by method of filing if one form or means of filing is more costly to process than another form or means of filing.

(4) The division may provide by contract that the designated agent may retain all fees collected by the designated agent, except that the designated agent shall remit to the division the cost of the division's oversight.

(5)

(a) A person who is delinquent on the payment of a fee established under this section may not file a notice with the registry.

(b) The division shall make a determination whether a person is delinquent on the payment of a fee for filing established under this section in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(c) Any order that the division issues in a proceeding described in Subsection (5)(b) may prescribe the method of that person's payment of fees for filing notices with the registry after issuance of the order.

Enacted by Chapter 278, 2012 General Session