Section 560 IAC 2-6-1.1 - Electronic filing and serviceAuthority: IC 20-29-3-11
Affected: IC 4-21.5-3-1; IC 20-29
Sec. 1.1.
(a) This section shall apply to all board actions and filings. Filings in unfair labor actions pursuant to 560 IAC 2-3.1 may also be filed by any means permitted by IC 4-21.5-3-1.(b) An action shall be commenced by filing electronically in a manner prescribed by the board (e-filing).(c) Electronic filing of documents is as follows:(1) Unless otherwise permitted by this article, all documents submitted for filing shall be filed electronically with the board using the electronic filing method prescribed by the board.(2) Attorneys, non-attorney representatives, or unrepresented litigants who wish to be exempted from the requirement that they file electronically may file a petition for electronic filing exemption. The petition shall be filed in each pending case to which these rules are applicable. The petition will be reviewed by the adjudicator assigned to that case and granted only upon a showing of good cause.(d) Filers shall print or otherwise save each submission with an electronic time stamp as proof of filing. Confirmation of e-filing may also be made by contacting board staff during business hours.(e) Unless otherwise indicated in this article, all service of documents shall be electronically in a manner prescribed by the board. A party may, but is not required to, serve parties in addition to electronic service, by any other method authorized by IC 421.5-3.(f) All documents electronically filed that require a signature shall include a person's signature using one (1) of the following methods:(1) A graphic image of a handwritten signature, including an actual signature on a scanned document.(2) The indicator "/s/" followed by the person's name.(g) A document that is signed and e-filed shall be subject to the terms and provisions of Indiana Trial Rule 11(A). A filer may include the signature of other attorneys in documents e-filed with the board only if such signature is authorized.(h) A document is considered e-filed with the board on the date and time reflected on the time stamp associated with the transmission of the document. E-filing shall be completed before midnight to be considered filed that day, and compliance with filing deadlines is determined in accordance with eastern time (ET), the time zone of the principal office of the board. E-filing under this article shall be available twenty-four (24) hours a day, except for times of required maintenance, if applicable.(i) The electronic version of a document filed with or issued by the board or its agent under this section becomes part of the official agency record.(j) Where an e-filed document does not conform to this article, the adjudicator, board, or the board's agent may strike the nonconforming document or allow the party to cure the defect.(k) When e-filing is prevented by any circumstance not caused by the filer who was adversely affected, the filer may bring such circumstances to the attention of the board or its agent and request relief, or the filer may revert to conventional filing with an appropriate explanation submitted with the document, prior to the due date. If it is determined that e-filing was prevented due to no fault of the filer, the filing shall be deemed to have been made timely.(l) Orders issued by the board or its agent will be issued via electronic means approved by the board. Parties before the board or its agents shall provide working email addresses or means of electronic communications consistent with board policy to facilitate service of orders or other communications. Receipt of an email or electronic communication shall be presumed upon dispatch.Indiana Education Employment Relations Board; 560 IAC 2-6-1.1; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRAReadopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA