Section 23. (a) There shall be established within the department a division that shall be under the general supervision and control of the commission and shall be under the control of a director. The division shall promulgate rules and regulations and shall perform such functions as necessary for the administration, implementation and enforcement of chapter 159A 1/2.

(b) To fund the division's activities, the division shall assess a surcharge on each transportation network company, as defined in section 1 of chapter 159A 1/2. Each transportation network company shall annually report by March 31 its intrastate operating revenues for the previous calendar year to the division. The surcharge shall be apportioned according to each transportation network company's intrastate operating revenues as determined and certified annually by the division in order to reimburse the commonwealth for funds expended for the division's activities. If a transportation network company fails to report its intrastate operating revenues to the division by March 31, the division may estimate a transportation network company's intrastate operating revenues to assess the surcharge.

Each transportation network company shall pay the surcharge not later than 30 days from the date of the notice of the surcharge amount from the division. Failure to pay the surcharge within 30 days may, at the discretion of the division, constitute cause to suspend or revoke a transportation network company permit pursuant to chapter 159A 1/2.

Funds that are not expended in a fiscal year for the operation of the division shall be credited against the surcharge to be made the following fiscal year and the surcharge amount in the following fiscal year shall be reduced by the unexpended amount.