(a) Applications for benefits or extensions of benefits under this subchapter must be filed with the Director on forms designed, printed and provided by the Office.
(b) The EDA after receipt of recommendation from the Director shall carefully review all such applications and undertake such preliminary research and investigations, including, but not limited to the reputation, business background and experience of the applicant, as he deems necessary in formulating his recommendations with regard to same.
(c) The application must be accompanied by a reasonable application and processing fee, as prescribed by regulations to be promulgated by the Economic Development Authority.
(d) The Director shall, no later than 30 days after receiving an application for economic development benefits, approve or disapprove, and, if approved, transmit a Certificate to the Governor accompanied by a detailed report containing the Director's findings and recommendations with regard to that application. Before taking action on the application, the Director shall, prior to submitting his recommendations, consult with the Virgin Islands Department of Tourism and any other governmental department or agency possessing expertise regarding a particular application, and shall conduct such investigations or inquiries as the Director considers appropriate.
(e) In making a determination on the issuance of a Certificate, the EDA shall consider such factors and criteria as prescribed by regulations.
(f) The EDA may issue a Certificate and recommend that the Governor approve the Certificate, or the EDA may deny the certificate outright or until such time as the applicant corrects specific deficiencies. If the EDA grants the Certificate, the EDA shall notify the applicant of the dates of the Certificate's approval and its transmittal to the Governor for final authorization. If the EDA denies the application, the Director shall transmit to the applicant, no later than five business days after the denial, a written, detailed explanation of the reasons for denying the application. The EDA's written denial constitutes official notice of denial of benefits.
(g) The Governor has 10 days, excluding Sundays and holidays, after the Director's issuance of the Certificate to deny the Certificate in writing. If the Governor disapproves the Certificate, the Governor shall certify the disapproval to the EDA, accompanied by specific reasons for the disapproval and, the EDA shall within two (2) business days after receipt of the Governor's disapproval, forward a copy of the disapproval and accompanying comments to the applicant. The copy of the Governor's disapproval constitutes official notice of the denial of benefits.
(h) If Governor does not disapprove the Certificate in writing within the ten (10)-day period described in subsection (g), the Certificate is deemed approved, and the Certificate is effective without the Governor's approval.