(1) General Provisions.

1. (a) An applicant shall pay the Commission a nonrefundable application fee of $25,000 to defray the costs associated with the processing and review of the site approval application; provided, however, that if the costs of processing and review exceed the initial application fee, the applicant shall pay the additional amount to the Commission within 30 days after notification of insufficient fees or the site approval application shall be rejected.
2. (b) The applicant shall pay the non-refundable application fee of$25,000 by certified check or secure electronic funds transfer made payable to the "Massachusetts Gaming Commission." The applicant shall submit this non-refundable application fee with or before its site approval application.
3. (c) All required application fees shall be non-refundable, due and payable notwithstanding the withdrawal or abandonment of any site approval application.
4. (d) All fees in 205 CMR 16.10 shall be deposited into the Racing Development and Oversight Trust Fund.

(2) Additional Processing Fees.

1. (a) Pursuant to 205 CMR 16.10(1), the applicant shall be responsible for paying to the Commission all costs incurred by the Commission, directly or indirectly, for processing and reviewing the site approval application. As required by the procedure established pursuant to 205 CMR 1 14.04(5): , the applicant shall pay to or reimburse the Commission for all such review costs that exceed the initial application fee.

2. (b) For purposes of 205 CMR 16.10, the costs for processing and review shall include, without limitation:

   1. 1. All fees for services, disbursements, out of pocket costs, allocated overhead,

   processing charges, administrative expenses, professional fees; and 2. other costs directly or indirectly incurred by the Commission, including without limitation all such amounts incurred by the Commission to and through the Bureau, the Division, the Gaming Enforcement Unit, the Gaming Liquor Enforcement Unit, and any contract investigator.

3. (c) The Commission in its discretion shall establish, and, post on its website, a schedule of hourly fees, wages, applicable fringe benefits, payroll taxes, overhead rates and other charges to be assessed by the Commission to applicants for in-house personnel, services and work of the Commission, the Bureau, the Division, the Gaming Enforcement Unit, and the Gaming Liquor Enforcement Unit. ( d) The Commission shall assess to the applicant all other costs paid by or for the Commission, directly or indirectly, to any other person for conducting an investigation into an applicant, plus an appropriate percent for overhead, processing and administrative expenses.