34 C.F.R. § 86.405

Current through October 31, 2024
Section 86.405 - What are the requirements for filing written submissions?
(a) Any written submission under this subpart 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, the party shall serve a copy of the filed material on the other party on the filing date by hand-delivery or by 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 must be accompanied by a statement certifying the date that the filed material was filed and served on the other party.
(d)
(1) The filing date for a written submission is the date the document is-
(i) Hand-delivered;
(ii) Mailed; or
(iii) Sent by facsimile transmission.
(2) If a scheduled filing date falls on a Saturday, Sunday, or Federal holiday, the filing deadline is the next Federal 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, the Secretary or the designated Department official, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time.

34 C.F.R. §86.405

57 FR 56795, Nov. 30, 1992

Authority: 20 U.S.C. 1145g