Section 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.Amended by Mass Register Issue 1263, eff. 6/20/2014.