25 Pa. Code § 1021.184. Disposition of fee application.

§ 1021.184. Disposition of fee application.

(a)  [Reserved].
(b)  [Reserved].
(c)  Within 7 days of the Board’s receipt of a fee application, the Board will hold a fees conference with all parties to the appeal to determine the process and deadlines for responses, briefing, discovery and evidentiary hearings, if any. Following the fees conference, the Board will issue a fees conference order establishing case management procedures for these and any other issues that the Board may address.
(d)  The applicant has the burden of proving its entitlement to the recovery of fees and costs.
(e)  The fee application process will be stayed if one of the parties files an appeal from the Board’s final order in the underlying appeal.

Authority

   The provisions of this §  1021.184 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. §  7515(c)), section 307(b) of The Clean Streams Law (35 P.S. §  691.307(b)) and 27 Pa.C.S. §  7708.

Source

   The provisions of this §  1021.184 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (388249).

Cross References

   This section cited in 25 Pa. Code §  1021.182 (relating to application for fees and costs); and 25 Pa. Code §  1021.183 (relating to response to fee application).

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