Fee for examinations and for credential review for admission on motion; disposition; refunds; funds. 1. Every person applying for examination for admission to practice as an attorney and counselor at law shall pay a fee of two hundred fifty dollars, or seven hundred fifty dollars if, to qualify to take the bar examination, the person must satisfy the rules of the court of appeals for the admission of attorneys and counselors at law governing the study of law in a foreign country, for each taking or retaking of the examination, or if dispensation has been received from the taking of the examination, four hundred dollars for credential review for admission on motion. All such fees shall be paid into the state treasury in the manner provided by section one hundred twenty-one of the state finance law.
2. Moneys heretofore or hereafter received by the board as fees pursuant to this section may, within three years from the receipt thereof, be refunded to the applicant paying the same, on satisfactory proof that:
a. Such moneys were in excess of the amount required by this section, to the extent of such excess, or
b. The applicant failed to take the examination for which such fee was paid because of illness, removal from the state or for any other reason or cause which, in the judgment and discretion of the board, justified or excused his failure to take such examination. Such refunds shall, upon approval by the board and after audit by the state comptroller, be paid from moneys appropriated for such purpose.