N.Y. Comp. Codes R. & Regs. tit. 12 § 250.11

Current through Register Vol. 46, No. 50, December 11, 2024

Section 250.11 - Electronic filing and service; paper filing and service

(a) The term electronic filing, as used in this Chapter, shall mean a document submitted by electronic mail to an address specified by the board on its website, or by other electronic means specified by the board on its website. Such documents shall be:

(1) in a format that can be read using software that is readily available and is in widespread use by government, businesses, and individuals; and

(2) electronically searchable unless the party providing the document certifies in a written attachment to the document served and/or in any required proof of service that it does not have the capacity to produce a searchable file.

(b) The term paper filing means delivery to the board or an agent thereof, or the act of mailing to the board, or deposit of the original papers enclosed in a properly addressed wrapper into the custody of an overnight delivery service for overnight delivery, prior to the latest time designated by the overnight delivery service for overnight delivery. The term paper service shall mean delivery to a party or the act of mailing to a party, or deposit of the papers enclosed in a properly addressed wrapper into the custody of an overnight delivery service for overnight delivery, prior to the latest time designated by the overnight delivery service for overnight delivery.

(c) The term electronic service, as used in this Chapter, shall mean delivery before the latest time designated for service by electronic mail to a party sent to an electronic mail address designated by the recipient. Electronic service is deemed complete upon sending unless an error message or other notification that the served document has not been successfully dispatched or received is returned, in which case the service has not been effectuated.

(d) Unrepresented individuals may choose to file and receive all pleadings, memoranda, correspondence, and any case-related information in paper form. The board and its designees retain discretion in determining whether to grant the application of a represented party to file and serve in paper form due to hardship, inability to comply with the procedure, or other good cause shown.

(e) Compliance with the electronic filing and electronic service requirements contained in this Chapter will be deemed to have been met by the electronic filing of a complete and accurate copy of the document in conformity with the requirements of this subparagraph.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 250.11

Renumbered from 250.11 New York State Register February 15, 2023/Volume XLV, Issue 07, eff. 2/15/2023