STEP-BY-STEP

Missed the deadline to file an Appeal?

Jurisdiction Request

Board of Appeals

After the filing deadline has passed, a person seeking to file an appeal may ask the Board for permission to file late. The process requires filing a Jurisdiction Request which, if granted, establishes a new five-day period within which an appeal may be filed.

1

Prepare a Written Statement

At the time a Jurisdiction Request is filed, a statement must be submitted explaining why the appeal was not filed on time and also briefly outlining the merits of the case (see “Standard of Review” below when drafting your request). This statement can be up to six (6) double-spaced pages in length with unlimited exhibits and must conform to the briefing requirements in the Rules. An electronic copy of this statement must be submitted to the Board office along with a copy of the permit or other departmental action for which an appeal is being sought. Electronic copies must be submitted via email to: boardofappeals@sfgov.org.

The permit holder may submit a response to the Jurisdiction Request no later than ten (10) days from the date the request was filed with the Board. This response may be up to six (6) double-spaced pages in length with unlimited exhibits and must conform to the briefing requirements set forth in the Rules. Electronic copies must be submitted to the Board office via email to: boardofappeals@sfgov.org by 4:30 p.m. on or before the date it is due. An additional copy must be delivered via e-mail to the requestor on the same day.

2

What to Expect at the Hearing

The Board will take three (3) minutes of testimony from the requestor, the determination holder and from a representative of the department that issued the determination. Members of the public who are unaffiliated with either party are then given up to three minutes each to speak. The Board will then discuss the matter and take a vote. This decision is final.

3

Standard of Review

Four out of five votes are needed to grant a Jurisdiction Request and allow the late filing of an appeal. The Board may grant late jurisdiction only upon a showing by the requestor that the City intentionally or inadvertently caused the requestor to be late in filing the appeal. If a Jurisdiction Request is granted, the requestor will have five (5) days from the date of the Board’s decision to file an appeal. (See, Rules of the Board of Appeals, Article V, Section 10).

4

Pay the Filing Fee

Cost: $150.

A non-refundable fee of $150 per departmental action is required to file a Jurisdiction Request. The fee may be paid by check made payable to “Board of Appeals.” The check can be mailed after filing the Request to: Board of Appeals, 49 South Van Ness Avenue, Suite 1475, San Francisco, CA 94103. Filing fees for Jurisdiction Requests cannot be paid on our online portal. In the event the Board grants the Jurisdiction Request, another fee will be required in order to file the appeal.