(a) Where the department is the lead agency for an applicant, the department may charge a fee to the applicant for the preparation or review of the DEIS and the preparation of the FEIS. The fee charged shall be the entire cost to the department of such preparation or review. The costs shall include personal services of department employees computed at an hourly rate, fringe benefits attributable to such personal services, overhead attributable to such personal services, plus any other costs attributable to impact statement preparation or review. In no event shall the fee for impact statement preparation or review exceed any limit contained in 6 NYCRR 617.17.

(b) When a dispute arises concerning fees charged to an applicant by the department, the applicant may make written request to the assistant commissioner for management and finance for review of the fee charged. Upon receipt of such request, the assistant commissioner for management and finance, or his designee, shall review such fees charged and prepare a written response to the applicant setting forth the reasons why such fees are valid or invalid.