(1) As used in this section, “agency” means the same as defined at § 25-15-202.
(2) An agency shall not assess a fee or penalty without specific statutory authority to: Assess a certain type and amount of fee or penalty; or
(3) Impose a fee or penalty in general.
(4) A fee or penalty established in the rules of an agency before the effective date of this section that does not comply with subdivision (b)(1) of this section may remain in effect until July 1, 2013, but shall not be increased above the amount established by the agency for that fee or penalty as of the effective date of this section.
(5) Subsection (b) of this section does not affect an agency's authority to deny, suspend, and revoke licenses within its regulatory authority.