| (B) in the supporting exhibits, the seller explains
which costs are similar among the locations and explains the differences
in costs among the locations.
(5) OCCC review. The OCCC will review each cost analysis
in order to determine whether the documentary fee is reasonable for
the seller that provided the analysis. If the cost analysis does not
support the seller's documentary fee, or if the OCCC determines that
any included costs are not reasonable, then the OCCC may require the
seller to provide additional information, or the OCCC may determine
that the amount is unreasonable. The review may result in a determination
of the maximum amount of the documentary fee that a specific seller
may charge.
(6) Restitution and order to lower documentary fee.
If a seller violates this subsection by charging a documentary fee
over $150 that is not supported by a complete cost analysis or that
includes costs that are not reasonable, then the OCCC may order the
seller to provide restitution to affected buyers and lower its documentary
fee prospectively. For each buyer, the restitution for violating this
subsection will not exceed the amount of the documentary fee the seller
charged or received, minus $150, minus other restitution paid under
subsection (c)(6) - (7) of this section. In addition, the OCCC may
order a seller to cease charging a documentary fee greater than $150
for a specified period of time if the seller violates this subsection.
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