(a) Filing is the procedure whereby a party submits a document to the commission for the commission's consideration in an appeal or petition for review. Each document a party files with the commission must be
- (1) signed and dated by the party or the party's attorney filing the document; and
- (2) hand-delivered or sent by first-class United States mail, facsimile transmission, or electronic mail as provided in 8 AAC 57.050 or this section.
(b) Service is the procedure whereby a party provides a copy of a document filed with the commission to another party to an appeal or petition for review. A copy of every document the party files with the commission must be
- (1) served on every other party, except an appellee or respondent that has filed a notice of nonparticipation as provided in 8 AAC 57.020(f); and
- (2) hand-delivered or sent by first-class United States mail, facsimile transmission, or electronic mail as provided in 8 AAC 57.050 or this section.
- (c) A document is considered filed upon receipt unless the document is received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered filed on the next day that is not a Saturday, Sunday, or legal holiday. A document filed with the commission by United States mail is considered filed on the date the document is received at the commission's office, unless received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered filed on the next day that is not a Saturday, Sunday, or legal holiday. A document filed by United States mail is not considered filed on the date it is postmarked.
- (d) An appellant shall also serve a copy of the notice of appeal on the director as provided in 8 AAC 57.070(b)(3).
- (e) Service on a party represented by an attorney must be made on the attorney.
(f) Service by hand-delivery under (b)(2) of this section is accomplished by
- (1) handing the document to a party or a party's attorney; or
- (2) leaving the document at the party's residence or attorney's office with an individual of suitable age and discretion who occupies the residence or is employed at the office.
- (g) Service by United States mail under (b)(2) of this section is complete when deposited in the United States mail with sufficient postage and properly addressed to a party at the party's last known address of record.
(h) Proof of service is the procedure whereby a party serving a copy of a document on another party confirms that the document was served. Proof of service for each document served by a party must
- (1) be shown in writing at the end of the document or in a separate, simultaneously filed document;
- (2) state the date of service;
- (3) identify each document being served;
- (4) state the name and method of service of each party being served; in this paragraph, "method of service" means the party's physical address, mailing address, electronic mail address, or facsimile number; and
- (5) state the name and contain the signature of the person serving the document.
- (i) While an appeal or petition for review is pending before the commission, an attorney representing a party or any self-represented party shall immediately inform the clerk and any other party to the appeal or petition for review, in writing, of a change in the party's mailing address, electronic mail address, telephone number, or facsimile number.
(Eff. 12/5/2005 Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249)
Authority: AS 23.30.008, AS 23.30.128