§ 15-4-606 - Evidence to support guaranty -- Review of applications.
               	 		
15-4-606.    Evidence to support guaranty -- Review of applications.
    (a)    (1)    (A)  Each  county or municipality requesting a guaranty under this subchapter  shall submit to the Arkansas Economic Development Council evidence  showing conformity with      14-164-201 -- 14-164-206 and 14-164-208 --  14-164-224 and such other supporting documents as the council shall  require. The application and documentation may be submitted by the user  of the industrial project involved.
            (B)  When  a guaranty is requested with respect to Arkansas Development Finance  Authority bonds, the Arkansas Development Finance Authority shall submit  to the council evidence showing conformity with      15-5-101 --  15-5-105, 15-5-201 -- 15-5-211, and 15-5-301 -- 15-5-316 and such other  supporting documents as the council shall reasonably require.
      (2)    (A)  All  applications for guaranties shall be accompanied by a one-time premium  payment to the Revenue Bond Guaranty Reserve Account in an amount equal  to whichever is the larger amount of either:
                  (i)  Three  percent (3%) of the amount of the total principal and interest  requirements from date of issuance to maturity of the Act No. 9 bonds or  authority bonds guaranteed; or
                  (ii)  Five percent (5%) of the principal amount of the Act No. 9 bonds or authority bonds guaranteed.
            (B)  The  premium payment may be collected by the county or municipality or the  authority from the lessee of the industrial project involved.
(b)    (1)  All  applications filed with the council under the provisions of this  subchapter shall first be reviewed by the appropriate designated staff  officials of the council or by a committee consisting of members of the  council for preliminary review and recommendation prior to being  submitted for consideration by the council.
      (2)    (A)  All  applications submitted to the council and all supporting documents,  instruments, proposed contracts, estimated costs, or other evidence  submitted therewith shall be confidential and shall not be open to  public review except as provided in this section.
            (B)  All  staff meetings or meetings of the review committee of members of the  council established for the purpose of giving preliminary review of such  applications shall be confidential and shall not be open to the public.
      (3)  Upon  conclusion of the preliminary review of each request for a guaranty  under this subchapter, if the request for guaranty is submitted to the  council with a recommendation that it be approved, the application and  all supporting documents, including the findings and the recommendations  resulting from the staff or review committee thereof, shall be an open  public record available for inspection during all regular business  hours.
      (4)  In the event that an  application from a municipality or county or the authority requesting a  guaranty under this subchapter is not recommended for approval by the  council, that application and all supporting documents, including all  findings and recommendations in regard thereto by the staff or review  committee, shall continue to be confidential and not open to public  inspection.
      (5)  The municipality  or county or the authority shall be notified in writing of any staff or  review committee determination that the application is not being  submitted to the council with a recommendation that it be approved. This  notice shall advise the municipality or county or the authority that  the application will be kept confidential unless the municipality or  county or the authority, within thirty (30) days from the date of  receipt of the written notice, shall file a petition with the council  requesting that the council hold a hearing in regard to the application.  In this event, the application and all supporting documents shall  become public information available for public inspection.
(c)  The  membership of a review committee, when acting in that capacity, shall  never be considered to constitute a quorum of the council for the  purpose of approving an application for guaranty under this subchapter.
(d)  No  provision of this section shall be interpreted to create any private  right against any member of the council or any member of its staff.