SDAPCD RULE 42 HEARING BOARD FEES               
LAST REVISED 11/11/11

               
               RULE 42.  HEARING BOARD FEES

               (a)  Every applicant or petitioner in a proceeding before
          the Hearing Board shall pay to the Clerk of the Hearing Board, on
          filing, a filing fee for each petition in the amount shown below:

                    (1)  For each application, including any associated
               application for an interim variance, for variance exceeding
               90 days (in addition to any fee for emergency variance
               application), or for approval of a Schedule of Increments of
               Progress in accordance with 41703 of the Health & Safety
               Code, including applicants on behalf of a class of appli-
               cants, which meet the requirements of the Hearing Board
               Rules for a valid and proper class action for
               variance........................................    $320

                    (2)  For each application, including any associated
               application for an interim variance, for variance not
               exceeding 90 days (in addition to any fee for emergency
               variance application), or to modify or extend variance or
               abatement order  ...................................   $107

                    (3)  For each application for an emergency variance
               pursuant to the provisions of Rule 97 or Rule 98
               ..................................................    $  53

                    (4)  For each application request a stay, pursuant to
               Rule 25(c), or to appeal the denial, suspension or
               conditional approval of an Authority to Construct, Temporary
               Authorization or Permit to Operate
               .................................................      $373

                    Plus for each 2 hours, or any portion thereof, of
               hearing in addition to the first hearing day necessary to
               dispose of said appeal  ..........................     $184

               In the event that a petition is withdrawn or a hearing is
          not held for any reason, the petitioner shall be entitled to a
          refund of 50 percent of the filing fee.

               Any person who requests an emergency variance pursuant to
          the provisions of Rule 98 shall pay the filing fee to the Clerk
          of the Hearing Board no later than five working days after the
          request is considered by the Chairperson or designated members of
          the Hearing Board.  It is hereby determined that the cost of
          administration of Article 2, Chapter 4, Part 4, Division 25, of
          the Health and Safety Code, and Rule 25 of these Rules and
          Regulations, exceeds the fees required by this rule.

               (b)  Any person requesting a transcript of the hearing shall
          pay the cost of such transcript.

               (c)  This rule shall not apply to petitions filed by the Air
          Pollution Control Officer.

               (d)  Any person who certifies with factual presentation
          under penalty of perjury that payment of the foregoing Hearing
          Board fees will cause an unreasonable hardship, may be excused
          from payment of these fees by Order of the Hearing Board on that
          account when such findings are made by the Hearing Board.