Section 315 IAC 1-3-3 - Filing and service of pleadings and documentsAuthority: IC 4-21.5-2-1; IC 4-21.5-3-35; IC 4-21.5-7-7
Affected: IC 4-21.5-3-1; IC 4-21.5-3-2; IC 13-15-6-1
Sec. 3.
(a) The requirements for the filing of pleadings and documents are as follows: (1) The burden of proof for the timely filing of pleadings and documents with the office is on the person so filing.(2) The computation of any period of time under these rules is prescribed by IC 4-21.5-3-2.(3) The filing of a petition for administrative review with an ELJ may be completed, under IC 4-21.5-3-1(f), by any of the following methods:(B) First class, priority, or express United States mail.(E) Electronic facsimile or fax transmission. All documents filed by fax must be accompanied by a descriptive cover sheet that states the following:(i) The title of the document.(ii) The number of pages.(iii) The identity and voice telephone number of the sending party. Filing by fax shall be followed by the filing of the signed original and attachments with the office by one (1) of the methods specified in this subdivision within one (1) day after the document is filed by fax.
(F) Petitions for review may not be filed by electronic mail.(4) The filing of any other document or pleading with an ELJ may be completed, under IC 4-21.5-3-1(f), by any of the following methods: (B) First class, priority, or express United States mail.(E) Electronic facsimile transmission. All documents filed by fax must be accompanied by a descriptive cover sheet that states the following:(i) The title of the document.(iii) The number of pages.(iv) The identity and voice telephone number of the sending party.(v) The instructions for filing.(F) If all parties and the presiding ELJ consent, by any other means.(5) Fax transmissions and electronic mail will be accepted for filing only during the regular business hours as set forth in subsection (d). Transmissions received by the office after close of business shall be filed effective the next regular business day.(b) The requirements for service of pleadings and documents are as follows:(1) All documents and pleadings filed with the presiding ELJ shall be served on all parties.(2) If a party is represented by an attorney or another authorized representative, service of a document must be made upon the attorney or other authorized representative. If a party appears without separate representation, service must be made upon the party.(3) A signed certificate of service, in substantially the following form, stating "I certify that on the _____ day of (month), (year), service of a true and complete copy of (document being forwarded) was made upon each party or attorney of record herein by (identifying any of the methods of service prescribed by subsection (a)(3) or (a)(4))", shall accompany each document filed or served.(4) When the presiding ELJ corresponds directly with the parties: (A) the original of the correspondence shall be maintained by the presiding ELJ in the official file; and(B) a copy shall be sent to all parties.(c) The filing of a document with the office is complete on the earliest of the following: (1) The date on which the document is delivered to the office.(2) The date of the postmark on the envelope containing the document if the document is mailed to the office by United States mail.(3) The date on which the document is deposited with a private carrier, as shown by a receipt issued by the carrier, if the document is sent to the office by private carrier.(4) The date on which the document is received by the office if the date of deposit or postmark cannot be determined.(d) Where the date of filing or service is determined by the date of delivery to or receipt at the office, all filing or service deliveries received after 4:30 p.m., ET, will be deemed to have been received on the next following regular day.Office of Environmental Adjudication; 315 IAC 1-3-3; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3734; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 471; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; filed Feb 24, 2011, 2:03 p.m.: 20110323-IR-315100482FRAReadopted filed 4/25/2016, 2:08 p.m.: 20160518-IR-315160051RFAReadopted filed 7/19/2022, 2:01 p.m.: 20220817-IR-315220160RFA