Virginia Law

A. For each application recommended for approval by the authority, a review deposit of $50,000 shall be paid by the applicants to the department.

B. The review deposit shall be:

1. Remitted only by certified check, cashier's check, bank money order, or other methods approved by the commissioner;

2. Made payable to the department; and

3. Due to the department upon the commissioner's receipt of a recommendation for approval from the authority.

C. If the commissioner determines, after review of the application, that the actual cost incurred by the department is less than $50,000, the department shall reimburse the applicant the amount that is greater than the actual cost.

D. If the commissioner determines that the actual cost incurred by the department is greater than $50,000, the applicant shall pay any additional amount to be:

1. Remitted only by certified check, cashier's check, bank money order, or other methods approved by the commissioner;

2. Made payable to the department; and

3. Due to the department 30 days after receipt of a request for payment from the commissioner.

E. The commissioner shall:

1. Incur only those costs necessary to adequately review the application as determined in the commissioner's sole discretion; and

2. Maintain detailed records of all costs incurred for which reimbursement is sought.

F. An applicant seeking approval of a cooperative agreement shall reimburse the commissioner for all reasonable and actual costs incurred by the commissioner in the commissioner's review of the application, including costs of experts and consultants retained by the commissioner.

G. The applicants shall make payment to the department within 30 days of receipt of a request for reimbursement.

H. Prior to contracting with experts or consultants, the commissioner shall provide a seven-day notice to the applicants describing the proposed scope of work and anticipated costs of those experts and consultants.

I. The applicants shall have seven days from the date of receipt of the commissioner's notice pursuant to subsection H of this section to provide to the commissioner possible alternatives to the use of those experts and consultants.

J. The commissioner shall consider information submitted by the applicants in determining whether to retain an expert or consultant.

K. All reimbursement requests by the commissioner shall be subject to the provisions of § 2.2-4805 of the Code of Virginia.