2809 FILING OF PAPERS

2809.1 A “paper” means any pleading, motion, exhibit or witness list, or any other written submission filed with OAH.2809.2 Any paper filed at OAH must be legible and signed by a party or a party’s representative.2809.3 To file any paper at OAH, a person must bring, mail, fax, or have the paper delivered to the Clerk’s office during regular business hours from 9:00 a.m. to 5:00 p.m. on a business day. A paper is filed on the day the Clerk’s office receives it during business hours, except as provided in Subsection 2809.5 below.2809.4 Except as provided in these Rules, or unless otherwise ordered by an Administrative Law Judge, no paper may be filed by email.2809.5 The filing date of a fax transmission will be determined as follows:- (a) The filing date is the date on which the fax is received in the Clerk’s office between the hours of 9:00 a.m. and 5:00 p.m. If a paper is received on a date or at a time when the Clerk’s office is not open, the paper shall be deemed to have been filed when the Clerk’s office is next open.

- (b) A party filing a paper by fax is responsible for delay, disruption, interruption of electronic signals, and legibility of the paper, and accepts the risk that the paper may not be filed.

- (c) Any incomplete or illegible fax will not be considered received unless a hard copy of the fax is filed or a complete and legible fax is received within three (3) calendar days of the first transmission. In a response to a motion, the Administrative Law Judge may extend this time.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12548 (December 31, 2010).