![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 34 - Education |
![]() |
Subtitle A - Office of the Secretary, Department of Education |
![]() |
Part 81 - General Education Provisions Act - Enforcement |
![]() |
Subpart A - General Provisions |
§ 81.12 - Filing requirements.
-
§ 81.12 Filing requirements.
(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(a) Method of filing.
hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages.(1) Any written submission to an ALJ or the OALJ under this part, including pleadings, petitions, and motions, must be filed by
bysubmission 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
If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.regular mail.
(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)
(Hand-delivered;(b) Filing date.
(1) The filing date for a written submission to an ALJ or the OALJ is the date the document is -
(i)
Mailed; or (iii) Sent by facsimile transmissionSubmitted to OES; or
(ii)
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.
[54 86 FR 19512, May 5, 1989, as amended at 57 FR 56795, Nov. 30, 199252832, Sept. 23, 2021]