§ 81.12 - Filing requirements.

§ 81.12 Filing requirements.

(a) Method of filing.

(1) Any written submission to an ALJ or the OALJ under this part, including pleadings, petitions, and motions, must be filed by

hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages.

(b) If a party files a brief or other document with an ALJ or the OALJ, the party shall serve a copy of the filed material on the other party on the filing date

submission to OES unless a party shows the ALJ good cause why its written submission cannot be filed electronically. A party filing electronically is responsible for ensuring that a complete and legible document was successfully submitted in a format for electronic filing permitted under OHA procedures.

(2) If the ALJ permits a party to file a written submission in paper format, the filing party must file the written submission with the ALJ or the OALJ by hand-delivery or

by

regular mail.

If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.

(c) Any written submission to an ALJ or the OALJ must be accompanied by a statement certifying the date that the filed material was filed and served on the other party.

(d)

(

(b) Filing date.

(1) The filing date for a written submission to an ALJ or the OALJ is the date the document is -

(i)

Hand-delivered;

Submitted to OES; or

(ii)

Mailed; or (iii) Sent by facsimile transmission

Hand-delivered or mailed, if the ALJ has permitted the written submission to be filed in paper format.

(2) If a scheduled filing date falls on a Saturday, Sunday, or Federal holiday, the filing deadline is the next business day.

(

e) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department. (f) If a document is filed by facsimile transmission, a follow-up hard copy must be filed by hand-delivery or by mail within a reasonable period of time

c) Service to other parties.

(1) The filing of a written submission to OES constitutes service on other parties.

(2) If a party is permitted by the ALJ to file a written submission in paper format, the party must serve a copy of the written submission on the other party on the filing date by hand-delivery or regular mail. Any such written submission to the ALJ or OALJ must be accompanied by a statement certifying that the material was served on the other party on the filing date.

(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a))

[54 86 FR 19512, May 5, 1989, as amended at 57 FR 56795, Nov. 30, 199252832, Sept. 23, 2021]