KRS 148.857: Preliminary and final approval of companies and projects -- Meetings of

authority.

(1) The authority shall establish standards for preliminary approval and final approval

of eligible companies and their projects by the promulgation of administrative

regulations in accordance with KRS Chapter 13A.

(2) The authority shall consult with the secretary when establishing standards to ensure

that standards established pursuant to KRS 148.855(1) and subsection (1) of this

section do not conflict.

(3) After the authority's preliminary approval, an agent designated by the cabinet shall

hold at least one (1) public hearing to solicit public comments regarding the

designation of an eligible company as a preliminarily approved company. Notice of

the public hearing shall be given in accordance with KRS Chapter 424.

(4) The authority shall review the report of the consultant prepared pursuant to KRS

148.855(4), the recommendation of the secretary, the report prepared by the agent

documenting all comments, both written a nd oral, received at the public hearing

required by subsection (3) of this section, and other information that has been made

available to the authority in order to assist the authority in determining whether the

tourism development project will further the purposes of KRS 148.851 to 148.860.

(5) The criteria for final approval of eligible companies and tourism development

projects shall include but not be limited to the criteria set forth in KRS 148.855(4).

Final approval shall not be granted if it is deter mined that there is no projected net

positive fiscal impact to the Commonwealth.

(6) After a review of the consultant's report, the recommendation of the secretary, and

other information made available to the authority, the authority, by resolution, may

grant to the eligible company the status of an approved company and authorize the

execution of a tourism development project agreement as provided in KRS 148.859.

The decision reached by the authority shall be final and no appeal shall be granted.

(7) All me etings of the authority shall be held in accordance with KRS 61.805 to

61.850. The authority may, pursuant to KRS 61.815, hold closed sessions of its

meetings to discuss matters exempt from the open meetings law and pertaining to

an eligible company.