R357-13-6. Procedures for Claiming a Convention Incentive

  (1) The applicant for a convention incentive shall be paid in accordance with Utah Code Section 63N-2-505 The entity claiming the convention incentive shall submit a claim in a form prescribed by the Office.

  (2) For claims of construction or off-site revenue, each claim shall identify by location, using the nine digit postal code, where the sales and use taxes constituting new tax revenue were paid. For each location identified, the certification shall itemize the amount constituting new tax revenue for each category of sales and use tax identified in Utah Code Section 63N-2-502.

  (3) Once an application and the tax returns referenced in Utah Code Section 63N-2-505(2)(b) are received, the Governor's Office of Economic Development shall have 90 days to review the information and determine whether there is sufficient information to certify the claim for payment.

  (4) Any additional information requested by the Office shall be provided within 30 days.

  (5) Following review of the information requested and received, the Office, shall issue a Notice of Agency Action either approving, modifying, rejecting a claim, or instructing the qualified hotel owner or host local government to resubmit the claim.

  (i) Timing and Amount of payment of an approved claim is subject to the availability of funds in the Incentive Fund.

  (ii) Notwithstanding Sub-section (i), if the application is approved and there is sufficient funds in the Incentive Fund, payments will be made within 30 days of the notice approving the claim in paragraph 5.

  (6) If either the qualified hotel owner or the host local government are aggrieved by the Notice of Agency Action, the entity may seek review by the Executive Director of the Governor's Office of Economic Development, using the procedures set forth in the Utah Administrative Procedures Act, Utah Code Section 63G-4-301.