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| Reimbursement of appeal fees |
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| (1) The appeal fee shall be reimbursed in full | - J 21/09 |
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| (a) in the event of interlocutory revision or where the Board of Appeal deems an appeal to be allowable, if such reimbursement is equitable by reason of a substantial procedural violation, or | - J25/10 | |||||
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| (b) if the appeal is withdrawn before the filing of the statement of grounds of appeal and before the period for filing that statement has expired. |
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| (2) The appeal fee shall be reimbursed at 50% if the appeal is withdrawn after expiry of the period under paragraph 1(b), provided withdrawal occurs: |
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| (a) if a date for oral proceedings has been set, at least four weeks before that date; |
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| (b) if no date for oral proceedings has been set, and the Board of Appeal has issued a communication inviting the appellant to file observations, before expiry of the period set by the Board for filing observations; |
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| (c) in all other cases, before the decision is issued. |
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| (3) The department whose decision is impugned shall order the reimbursement if it revises its decision and considers reimbursement equitable by reason of a substantial procedural violation. In all other cases, matters of reimbursement shall be decided by the Board of Appeal. |
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