39A-194  Conditions precedent to negotiating and entering into a project agreement.  (a)  The department, prior to entering into negotiations with any project party, shall require that the project party shall agree to pay all fees, costs, and expenses (direct or indirect) assessed by the department in implementing and administering this part, as determined by the department, even though a project agreement may not be entered into and may further require the deposit of moneys with the department to pay for fees, costs, and expenses.  Any amount of the deposit in excess of the amount required to pay the State shall be returned by the department to the project party that made the deposit.  The State shall not be required to pay to the project party any interest or earnings on the deposit.

     (b)  The department shall not enter into any project agreement with respect to any project unless the department shall determine that:

     (1)  The project party is a responsible party, whether by reason of economic assets or experience in the type of enterprise to be undertaken through the project, or otherwise; or

     (2)  The obligations of the project party under the project agreement will be unconditionally guaranteed by a person who is a responsible party, whether by reason of economic assets or experience in the type of enterprise to be undertaken through the project, or otherwise.