Current through October 31, 2024
Section 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 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 regular mail.(b)Filing date.(1) The filing date for a written submission to an ALJ or the OALJ is the date the document is- (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.(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. 86 FR 52832 , Sept. 23, 2021 Authority: 20 U.S.C. 1221e-3 , 1234(f)(1) , and 3474(a)