(1) Fees for application for a certificate of public advantage are as follows:

(a) Payment of an initial application fee must accompany the filing of the application and is non-refundable. The initial fee is:

(i) if the application is for approval of a merger or consolidation between health care facilities or physician entities, or a joint venture exceeding $750,000 in value, one-quarter of one percent (.0025%) of the combined gross revenues of the applicants, as calculated from the most recently completed fiscal year of each applicant, provided that the fee shall not be less than $1,000 or more than $5,000;

(ii) if the application is for approval of a cooperative agreement that does not involve a merger or consolidation, or seeks approval of a joint venture not exceeding $750,000 in value, $750.

(b) In addition to the initial application fee, the applicants for a certificate of public advantage shall be jointly and severally obligated to pay the actual costs and expenses of the department reasonably incurred in conducting its review of the application, including but not limited to the costs associated with retention of any accounting, technical, or legal assistance determined necessary by the department.

(c) Within 30 days of receiving the completed application, the department shall notify the applicants of the department's anticipated expenses in connection with the review of the application. The applicants must pay the department's anticipated costs within 30 days of receiving the department's notice or the application will be deemed withdrawn.  The applicants are liable for payment of all actual expenses incurred by the department, notwithstanding the department's estimate of its anticipated expenses, but if additional expenses will be incurred in excess of 20% beyond the department's estimate, it shall first give the applicants the opportunity to withdraw the application.  If the application is withdrawn or deemed withdrawn, the applicants are jointly and severally liable for any costs incurred by the department up to and including the date of withdrawal of the application.  If the department's anticipated expenses exceed its actual expenses, the department shall refund to the parties all excess amounts paid except the initial application fee.

(d) No decision regarding the issuance of a certificate of public advantage will be announced until the applicants have paid in full all application fees required under this section.

(2) Each annual report submitted under 50-4-622, MCA must be accompanied by an application fee in the following amount:

(a) $500 if the certificate of public advantage issued by the department did not involve a merger or consolidation, or was issued for approval of a joint venture not exceeding $750,000 in value; or

(b) if the certificate of public advantage was issued for a merger or consolidation, or a joint venture exceeding $750,000 in value, an amount equal to one-eighth of one percent (.00125%) of the combined gross revenues of the applicants, as calculated from the most recently completed fiscal year of each applicant, provided that the fee shall not be less than $500 or more than $1,500.

(c) If the department incurs actual expenses in its review of the report, the certificate holder(s) are jointly and severally obligated to pay all actual expenses in the manner prescribed in (1) .