[§672B-4]  Waiver of filing fee.  (a)  If
any party to a claim cannot pay the required filing fee, the party may file
with the director a motion to waive the filing fee.  The motion to waive the
filing fee shall be accompanied by an affidavit in a format prescribed by the
department, showing in detail:



(1)  The party's inability to pay the filing fee;



(2)  The party's belief that the party is entitled to
redress; and



(3)  A statement of the issues that the party intends
to present at the hearing before a design claim conciliation panel.



(b)  The director shall decide on the motion to
waive the filing fee as expeditiously as possible, and no oral arguments shall
be permitted.



(c)  If the director grants the motion to waive
the filing fee, the party may proceed without further application to the
director or panel, and without payment of the filing fee.  If the motion is
denied, the director shall state the reasons for the denial in writing.  The
director shall promptly provide the party with a filed copy of the director's
order granting or denying the motion.



(d)  If a motion to waive the filing fee is
denied by the director, the party may seek judicial review under section 91‑14.



(e)  If the director denies a party's motion to
waive the filing fee, the party shall pay the filing fee within thirty days
after the denial of the motion, unless the party has filed an appeal under
section 91-14.  If the party has filed an appeal under section 91-14, the party
may proceed without payment of the filing fee, until such time as a final
judicial determination is rendered.



(f)  If the party files an appeal under section
91-14, and the court upholds the director's denial of the aggrieved party's
motion to waive the filing fee, the party shall pay the filing fee within thirty
days after the court's affirmation of the denial.  If the court determines that
the party's motion for waiver of the filing fee was improperly denied, the
party shall be entitled to proceed without payment of the filing fee. [L 2007,
c 207, pt of §2]