Charge EOM Fee to Reg E Opt-Out OD Account?

Our bank charges a $25 EOM overdraft service charge fee for any account that have been overdrawn within the statement cycle. My question is, are we allowed to charge a $25 EOM fee to a Reg E opt-out account that was overdrawn by a one-time or point of sale item? The bank did not charge for the item but still does charge at the EOM maintenance fee for being overdrawn.