590.370—Cost of appeals.
(a)
There shall be no cost to the appellant when the appeal inspection discloses a material error was made in the original determination.
(b)
The costs of an appeal shall be borne by the appellant at an hourly rate of $27.36, including travel time and expenses if the appeal was frivolous, including but not being limited to the following: The appeal inspection discloses that no material error was made in the original inspection, the condition of the product has undergone a material change since the original inspection, the original lot has changed in some manner, or the Act or these regulations have not been complied with.