24 NCAC 06B .0205          Payment of License Application Fee; Expenses for Denied License Application

(a)  Upon filing of an application for a License or renewal, an Applicant shall pay by wire transfer of funds the applicable License application fee:

(1)           One million dollars ($1,000,000) for an Operator License;

(2)           Fifty thousand dollars ($50,000) for a Service Provider License; or

(3)           Thirty thousand dollars ($30,000) for a Supplier License.

(b)  An Applicant whose licensure application is denied will have its License application fee returned to it, less five percent for associated expenses incurred by the Commission to conduct the application review.

(c)  If a licensure application is denied, remittance of the Applicant's licensing or application fee, less five percent, for associated expenses incurred by the Commission, will issue after the period to seek reconsideration ends or upon the Director's receipt of a signed written statement from the Applicant stating that it will not seek reconsideration or an appeal of the licensing decision. The Commission will retain the License fee of an unsuccessful Applicant during the pendency of any reconsideration or appeal period and during any legal proceeding arising from or related to the denial of the Applicant's licensing application.

(d)  If an Applicant voluntarily elects to withdraw its application before the Director denies the application or takes other action that does not constitute an approval of the application, the Director may:

(1)           treat such withdrawal as a de facto denial of the application and retain the License application review fee pursuant to Paragraph (b) of this Rule, or

(2)           allow the Applicant to withdraw its application and refund the entire License application fee.

(e)  The Director shall not have discretion to return the entire License application review fee for a withdrawn application if the Applicant is discovered to have made a materially fraudulent misrepresentation or omission in its submissions to the Commission.

History Note:        Authority G.S. 18C-114(a)(14);

Previously adopted as Rule 2B-005;

Eff. January 8, 2024;

Readopted Eff. March 27, 2024.