Section 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.