Ala. Admin. Code r. 770-X-4-.04

Current through Register Vol. 42, No. 12, September 30, 2024

Section 770-X-4-.04 - Filing And Service

(1) Filing

(a) Filing is accomplished by delivery of a document to the Secretary of the Commission, or an employee of his office, in person, or by United States Mail, Postage Prepaid, addressed to the Commission at P.O. Box 304260, Montgomery, Alabama, 36130, or by courier to RSA Union Building, 100 North Union Street, Room 850, Montgomery, Alabama, 36104, except that the Commission or the presiding Commissioner or Administrative Law Judge may permit a document to be filed with them during a hearing. Filing is effective only upon receipt by the Commission.

(b) Unless directed otherwise in these rules, an original and ten (10) copies of all filings, including petitions, applications, prepared testimony and exhibits by anyone in any proceeding, shall be filed in the Secretary's Office as stated in 4(A)(1), supra, and show service thereof upon each party, by name and address, to the proceeding.

(c) Where the circumstances so dictate, a tentative schedule for all parties will be set for the pre-filing of testimony and exhibits. Such schedules will, however, be subject to change by the Commission, or the presiding Commissioner or Administrative Law Judge.

(2) Service: When required.

(a) Every order of the Commission, every report and recommended order of an Administrative Law Judge and every pleading, application, petition, complaint, or other initial filing shall be served by the Commission upon each of the parties with, where applicable, notice of the time and place for hearing the same.

(3) Service: How made.

(a)Service upon a party represented by an attorney shall be made upon the attorney and such service will be deemed service upon a party. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address.

(4) Subsequent Filings

(a) Answers, petitions for hearing, motions, notices and all other documents filed subsequent to the original complaint, application or petition in proceedings pending before the Commission upon its formal docket must, when filed or tendered for filing with the Commission, show service thereof upon each party, by name and address, to the proceeding.

(5) Filing and Service: Proposed changes in rates, rules and regulations.

(a) Upon the filing of protest and/or petitions for investigation and suspension relating to proposed changes in rates and charges or rules and regulations, a copy of such protest or petition shall be served upon the carrier or utility or the publishing agent of the local or agency tariff proposing such changes.

(b) Such protest or petitions must be filed with the Commission at least seven (7) days prior to the scheduled effective date of the tariff or supplements proposing such changes in rates and charges or rules and regulations.

Ala. Admin. Code r. 770-X-4-.04

Effective April 1980. Amended January 1993. Amended November 1999. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, § 37-1-38.