310 CMR 4.06 - Adjudicatory Hearing Filing Fee
(1)
Filing Fee.
(a) Any
person filing a notice of claim for an adjudicatory appeal before the
Department shall pay a filing fee of $100.00. Exemptions from the filing fee
are defined in the first sentence of Person at
310 CMR
4.02.
(b) The filing fee for a simplified hearing
as described in
310
CMR 1.01(8)(a)2. is $25.00
on or after November 3, 1995. Where a filing fee of $100.00 has been received
and the Department conducts a simplified hearing, the Department will refund
$75.00.
(c) The required form and
manner of payment shall be specified by the Department as an element of notice
of any right to request an adjudicatory hearing.
(d) Failure to pay the filing fee shall be a
ground for dismissal of the request for hearing.
(e) The Department shall refund the filing
fee for appeals of enforcement orders or administrative penalties when the
Department withdraws the order or penalty or renders a final decision wholly in
favor of the person requesting the appeal. The Department shall not refund the
filing fee for appeals of permits or for appeals of enforcement orders or
administrative penalties where the terms of an order are revised or the amount
of a penalty is reduced.
(2)
Waiver of Filing
Fee.
(a) Upon a showing of undue
financial hardship, the Department may waive the filing fee set forth in 310
CMR 4.06(1). A person who believes that payment of the fee would be an undue
financial hardship shall file with the request for adjudicatory hearing a
request for waiver of the fee together with an affidavit setting forth the
facts the appellant believes constitute the undue financial hardship. The
Department may request additional information from the appellant to assist in
making a determination of undue financial hardship.
(b) The Department shall render a written
determination waiving or denying waiver of the filing fee. If the Department
denies the request for waiver, the appellant shall pay the filing fee within
ten days of the date of the Department's decision. Failure to make such payment
shall void the request for hearing.
Notes
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