(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.