CHAPTER 1.55: EXEMPTION OF FILING FEE
Section
1.55.010 APPLICABILITY.
This chapter shall apply to all requests for administrative appeal to a Matanuska-Susitna Borough board, commission or hearing officer of an order, determination or ruling where the appeal requires a filing fee.
(Ord. 09-053, § 2 (part), 2009)
1.55.020 PROCEDURE.
(A) A person claiming inability to pay for appellate filing fees must:
(1) write a letter indicating the amount of the fee, explaining why the person cannot pay it, and indicating whether the person anticipates being able to pay it in the future; and
(2) complete and sign, under oath, a financial statement affidavit as provided by the clerk or secretary to the appropriate Matanuska-Susitna Borough board, commission or administrative hearing officer. The financial statement affidavit shall be substantially similar or identical to the affidavit used by the Alaska Supreme Court.
(B) The request, affidavit, and any accompanying materials must be presented at the same time as the notice of appeal.
(C) Time computations for purposes of setting a hearing, requesting records, or any other matter not related to a deadline for the filing of an appeal are tolled while a request for exemption of filing fee is being processed and considered.
(D) No other action on any request for appeal, review, or determination shall be taken while the request for exemption of filing fee is under consideration.
(E) The chairman of the board, presiding officer, or individual hearing officer presiding before which the appeal is filed shall evaluate the request and grant or deny a request, in whole or in part, within five borough business days of the filing of such a request.
(F) If the exemption is granted in full, the chairman, presiding officer, or administrative hearing officer shall sign an order granting exemption of fees. Thereafter, the clerk or secretary to the board will process the underlying appeal.
(G) If the exemption is granted in part or denied, the chairman, presiding officer, or administrative hearing officer shall issue a written order with explanation of the partial grant or denial. The clerk or secretary to the board shall notify the applicant of the denial, provide the applicant a copy of the order, and not take any action on the underlying request until the required fee is paid. If the required fee or first installment payment is not paid within 15 borough business days of the partial exemption or denial, the underlying request for appeal, review or determination shall be dismissed.
(H) The chairman, presiding officer, or administrative hearing officer may also order installment payments. If so, the order shall provide that the first of the payments must be made within 15 borough business days and monthly thereafter.
(I) Any time tolled under subsection (C) of this section begins to run:
(1) when the filing fee is waived in full;
(2) when the required or reduced filing fee is paid; or
(3) when installment payments are ordered, when the first installment payment is made.
(J) Except where additional information is requested under MSB 1.55.030(C), if the chairman, presiding officer, or individual hearing officer does not make a determination on a request for exemption of fees within ten borough business days of the request, the request shall be deemed as granted in full and the underlying appeal shall proceed.
(Ord. 09-053, § 2 (part), 2009)
1.55.030 EVALUATION.
(A) When a person is determined to be indigent under this chapter, filing fees shall be ordered to be paid in installments, reduced or waived in full.
(B) A person may be determined indigent only if the chairman, presiding officer, or individual hearing officer makes a specific finding of indigency under this section. The chairman, presiding officer, or individual hearing officer shall take into account the funds necessary for the person to maintain employment, to provide shelter, and to clothe, feed and care for the person and the person’s immediate family, the person’s outstanding contractual indebtedness, the person’s ability to afford a filing fee, and any liquid assets which could be counted as income.
(C) The chairman, presiding officer, or individual hearing officer may also inquire as to any other condition or situation they deem relevant to the determination of the applicant’s ability to pay a fee. At their discretion, the chairman, presiding officer, or individual hearing officer may request additional materials from the applicant to aid in the determination of indigency.
(D) Using the same considerations, the chairman, presiding officer, or individual hearing officer shall order installment payments, reduce, or waive the fee accordingly.
(E) Any person represented by an attorney furnished by the Alaska Legal Services Corporation, the Alaska Pro Bono Program, or the Alaska Network on Domestic Violence and Sexual Assault Pro Bono Program shall automatically qualify for exemption of fees.
(F) If the chairman, presiding officer, or individual hearing officer discovers, learns of, or otherwise finds additional assets by the applicant which are not contained in the form, the request may be automatically denied unless such assets are less than $500 in value.
(Ord. 09-053, § 2 (part), 2009)