Ariz. Admin. Code § 12-14-615

Current through Register Vol. 30, No. 50, December 13, 2024

Section R12-14-615 - Filing and Service of Documents

A. Docket. The Authority shall open a docket for each Appealable Agency Action upon receipt of a notice of appeal or request for hearing. All documents filed in an Appealable Agency Action with the Authority other than by electronic means shall be date stamped on the day received by the Authority and entered in the docket.

B. Definition. "Documents" include papers such as notices of appeal, requests for hearing, motions, responses, notices, and briefs.

C. Form. A party shall state on the document the name and address of each party served and how service was made pursuant to subsection (E). A document shall contain the Authority's caption and docket number.

D. Signature. A document filed with the Authority shall be signed by the party or the party's attorney. A signature constitutes a certification that the signer has read the document and has a good faith basis for submission of the document, and that it is not filed for the purpose of delay or harassment. Signatures can be either hand-written or electronic.

E. Filing and service. A copy of a document filed with the Authority shall be served on all parties. Filing with the Authority and service shall be completed by personal delivery; first-class, certified or express mail; or facsimile or other electronic means.

F. Date of filing and service. A document is filed with the Authority on the date it is received by the Authority, as established by the Authority's date stamp on the face of the document, the facsimile date or the electronic receipt date. A copy of a document is served on a party as follows:

1. On the date it is personally served;

2. Five days after it is mailed by express or 1st class mail;

3. On the date of the return receipt if it is mailed by certified mail; or

4. On the date indicated on the facsimile transmission or the electronic receipt date.

G. Unless otherwise provided in this article, every notice or decision under this article shall be served by personal delivery or certified mail, return receipt requested, or by any other method reasonably calculated to effect actual notice on the Commission and every other party to the action to the party's last address of record with the Authority. Each party shall inform the Authority of any change of address within five days of the change. Such service may include delivering the document by electronic means, such as email or facsimile, unless a party has specifically requested not to receive notice or service through electronic means, such as email or facsimile.

Ariz. Admin. Code § R12-14-615

Adopted by final rulemaking at 21 A.A.R. 297, effective 4/14/2015.