Md. Code Regs. 28.03.01.06

Current through Register Vol. 51, No. 12, June 14, 2024

Section 28.03.01.06 - Waiver of Fees

A. Eligibility Criteria. The Office shall waive filing and subpoena processing fees for a person that, when the request is filed:

(1) Is exempt from filing and subpoena processing fees under Regulation .01B of this chapter;

(2) Is represented by counsel retained through any legal services program which receives State funding or funding through the Maryland Legal Services Corporation; or

(3) Applies for and is granted a waiver based on indigence under §B of this regulation.

B. Requests for Fee Waivers Based on Indigence.

(1) Indigent persons may apply for a fee waiver by including with their request for a hearing or request for a subpoena:

(a) Documentation that they are receiving assistance listed in Regulation .01B(4) of this chapter; or

(b) An appropriate affidavit of indigence with supporting documentation.

(2) An Affidavit of Indigence form, and instructions for completing it, are available:

(a) On the Office of Administrative Hearings website; and

(b) By mail upon request.

(3) If a request for a fee waiver is received without an affidavit demonstrating indigence:

(a) Within 5 calendar days after receipt of the request, the Office shall mail the requesting person an Affidavit of Indigence form with instructions; and

(b) Within 14 calendar days after the form was mailed, the requesting person shall file the completed form and any supporting documentation.

(4) If it determines that the person is indigent, the Office shall grant the requested fee waiver or waivers.

C. The Office may modify or waive any time periods established by this chapter for good cause.

Md. Code Regs. 28.03.01.06

Regulation .06 amended effective 42:24 Md. R. 1506, eff.12/10/2015; amended effective 46:26 Md. R. 1168, eff. 1/10/2020; amended effective 47:17 Md. R. 797, eff. 8/24/2020