49-179. Application fees; reimbursement of
costs of review
A. Each application submitted under section 49-173 shall be accompanied by a
nonrefundable fee to be established by rule.
B. An applicant shall reimburse the department for the reasonable and necessary
costs of actions taken by the department pursuant to this section and sections 49-173
through 49-178, 49-180, 49-181, 49-182 and 49-185.
C. Reimbursable costs include time spent by the department's employees and the
costs of goods and services contracted by the department to carry out the activities
described in subsection B of this section. Time spent by the department's employees shall
be reimbursed at a rate to be established by rule based upon the estimated direct and
indirect costs to the department of conducting these activities. The department shall
provide documentation to the applicant to support its claims for reimbursement consistent
with generally accepted accounting principles. The department may require an applicant to
pay an advance deposit to be applied against the department's reimbursable costs
following the department's approval of an application under section 49-174. If an
approved application is terminated or withdrawn pursuant to section 49-178, the applicant
shall reimburse the department for its costs incurred prior to the termination or
withdrawal.
D. The department may contract with an outside consultant to perform any technical
review required to review a work plan submitted pursuant to section 49-175 or a report
submitted pursuant to section 49-181 or to oversee work performed pursuant to a work plan
approved pursuant to section 49-177 as follows:
1. The department may contract any work for which costs are reimbursable pursuant
to subsection B of this section if the contract rate is less than or equal to the rate
charged for time spent by the department's employees.
2. The department may contract any work upon the request of an applicant to
establish deadlines for a review of a work plan or a task under an approved work plan if
the applicant agrees to reimburse the department for the charges of the outside
consultant.
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