(1) The fee
assessed hereunder may only be used to gather data and information necessary to
compile an EIS. No fee may be assessed if an agency intends only to compile an
EA or a programmatic review. If a department collects a fee and later
determines that additional data and information must be collected or that data
and information supplied by the applicant and relied upon by the agency are
inaccurate or invalid, an additional fee may be assessed under the procedures
outlined in these rules if the maximum fee has not been collected.
(2) Whenever the agency has completed work on the EIS, it shall submit to the
applicant a complete accounting of how any fee was expended. If the money
expended is less than the fee
collected, the remainder of the fee shall be refunded to the applicant without interest
within 45 days after work has been completed on the final EIS.