§ 127-d. Refunds on over-payment of fees; permit not issued. Monies heretofore or hereafter received by the authority pursuant to this chapter may, within three years from the receipt thereof, be refunded to the applicant for the license or permit, on satisfactory proof that:

a. Such monies were in excess of the amount required by this chapter, to the extent of such excess.

b. The permit for which application was made has not been issued.

Such refunds shall, upon approval by the authority and after audit by the state comptroller, be paid from any monies in the custody of the comptroller, derived from fees received pursuant to this chapter.