23 CAR § 462-301 – Filing procedures

(a) Generally.
1. (1)
  1. (A) All documents submitted to the Arkansas Public Service Commission for filing in a docket or to be received by the secretary shall fully conform to this part.
  2. (B) Any filing not conforming to the requirements of this part or applicable order may be rejected by the secretary or stricken by the Arkansas Public Service Commission either sua sponte or upon motion.
  3. (C) The filing of a document is not a determination or waiver of compliance with this part or applicable order.
2. (2) For purposes of this part, use of the term “filing”, “filings”, “filed”, or similar usage shall include where appropriate those documents that are “received” by the secretary.
3. (3) Users of the Arkansas Public Service Commission’s electronic filing system shall comply with all applicable instructions for electronic filing that are presented on the Arkansas Public Service Commission’s website.
(b) Filing methods. All filings shall be made with the secretary and shall be by one (1) of the following means:
1. (1) Electronic filings through the Arkansas Public Service Commission’s electronic filing system on its website;
2. (2) In person at the secretary’s office at 1000 Center Street, Little Rock, Arkansas; or
3. (3) By mail to P.O. Box 400, Little Rock, Arkansas 72203.
4. (4)
  1. (A) Electronic filing is the Arkansas Public Service Commission’s preferred filing method.
  2. (B) All persons filing documents with the Arkansas Public Service Commission are encouraged to file electronically to the greatest extent possible.
(c) Copies.
1. (1) Filings in person or by mail shall include the original and one (1) copy.
2. (2) Only one (1) copy of protected material in unredacted form shall be filed.
(d) Protected documents filing exception. Unredacted documents that contain materials subject to a protective order shall not be filed electronically but rather submitted in person or by mail with the secretary until such time as the user agreement maintained on the Arkansas Public Service Commission’s website expressly allows the electronic filing of protected documents.
(e) Time of filing.
1. (1) Electronic filings may be downloaded to the Arkansas Public Service Commission’s electronic filing system at any time.
2. (2) All other filings in person or by mail shall be made during Arkansas Public Service Commission business hours.
3. (3) Any electronic filing received after Arkansas Public Service Commission business hours but before midnight or received on a nonbusiness day shall be deemed filed and served on persons on the official service list with electronic mail on the next business day.
4. (4) Any electronic filing received between midnight and the beginning of Arkansas Public Service Commission business hours on a business day shall be deemed filed and served on persons on the official service list with electronic mail on that business day.
5. (5) If the Arkansas Public Service Commission offices are closed at the time of a filing deadline, the time for complying with the filing deadline shall be extended to the same filing deadline time on the next business day.
(f) Acceptance of filing.
1. (1) A document shall not be considered filed electronically until:
  1. (A) Submitted via the Arkansas Public Service Commission’s electronic filing system; and
  2. (B) The Arkansas Public Service Commission’s electronic filing system generates a receipt of electronic filing.
2. (2)
  1. (A) Risk of loss of transmission, of nonreceipt, or of illegibility is upon the person transmitting and filing electronically.
  2. (B) If a filing is made electronically, the filer must receive a notice of filing from the secretary to be assured that the filing was received and accepted for filing.
  3. (C) Otherwise, a filing is confirmed by the file stamp on the document.
(g) Technical failures.
1. (1) The standards for declaring a technical failure of the electronic filing system shall be posted on the Arkansas Public Service Commission’s website.
2. (2) A filing party whose filing is made untimely as the result of a technical failure of the Arkansas Public Service Commission’s electronic filing system may seek appropriate relief from the Arkansas Public Service Commission.
(h) Correction of electronic filings.
1. (1) Once a document is filed electronically, corrections to the filing may only be made by the secretary.
2. (2) The Arkansas Public Service Commission’s electronic filing system shall not permit the filing party to make changes to the document or documents or filing information once the transaction has been submitted.
3. (3) If a filing error is made, the filing party shall contact the secretary as soon as possible with the correct document or documents or filing information, as appropriate.
(i) Discovery documents.
1. (1)
  1. (A) Except as referenced in subdivision (i)(2) of this section, formal discovery documents and responses thereto shall not be filed in the docket unless directed by the Arkansas Public Service Commission but must be served on all parties in accordance with 23 CAR § 462-307(b).
  2. (B) Whenever relevant to a filing, such discovery documents or portions thereof may be attached as an exhibit.
2. (2) Requests for admissions and responses to requests for admissions shall:
  1. (A) Be filed;
  2. (B) Be a separate document so titled; and
  3. (C) Not be combined with data requests or any other material.

Codification Notes: This section was promulgated as Rule 3.01 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.