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 If an approved application is terminated or withdrawn pursuant to section 49-178, the applicant shall reimburse the department for its costs incurred prior to the termination or withdrawal.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.