1204. Waiver of Petition Filing or Appeal Fee

The filing or appeal fee for individual rent adjustment petitions shall be waived for persons who qualify under (A) or (B) below:

(A) petitioners who declare in writing under penalty of perjury that they are receiving benefits pursuant to:

(1) the Supplemental Security Income (SSI) or State Supplemental Payments (SSP) Programs (Sections 12200-12205.2 of the Welfare and Institutions Code),

(2) the Aid to Families with Dependent Children (AFDC) Program (42 U.S.C. 601-644),

(3) the Food Stamp Program (7 U.S.C. 2011-2027), or

(4) Section 17000 of the Welfare and Institutions Code (general assistance, county aid and relief to indigents);

(B) petitioners who declare in writing under penalty of perjury that:

their gross monthly income is equal to or less than the amounts listed in the Information Sheet On Waiver of Court Fees and Costs adopted by the California courts for waiver of court filing fees pursuant to Rule 985 of the California Rules of Court. A copy of the Information Sheet shall be provided without cost upon request of any person.

(C) Petitioners shall apply for a filing or appeal fee waiver by submitting the appropriate declarations and any other information supporting their request on a form provided by the Board at the time that the first installment of the filing fee is due under Section 1203. The waiver is granted unless denied by the Senior Hearing Examiner within fifteen days after it is filed. If the petitioner's request is denied, the Senior Hearing Examiner shall notify the petitioner of the basis for the denial and state that the petitioner must remit the required installment of the filing fee within thirty days of mailing of the notice of denial in order for the petition to be accepted. The petition will not be considered as properly filed under Section 1207 until the required fee has been paid or a waiver has been granted.

[Effective December 14, 1987]