Mo. Code Regs. Ann. tit. 1, § 15-3.290
Filing of Documents; Fax Filing; Posting Bond
Effective Jul 30, 2001sections 621.198 and 621.205, RSMo 2000.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. Amended: Filed Jan. 11, 2001, effective July 30, 2001Administrative Hearing Commission
PURPOSE: This rule establishes procedures for filing documents and when they are deemed filed, and clarifies the requirement for posting bonds.
(1) A party may file a document by—
- (A) Registered or Certified Mail. A document filed by registered or certified mail is deemed filed on the date shown on the United States Post Office records;
- (B) Electronic Facsimile Transmission (Fax). A document filed by fax is deemed filed at the time the commission receives a fax of the document. If a document arrives by fax after 5:00 p.m. and before 12:00 midnight or on a Saturday, Sunday or legal holiday, it is filed on the commission’s next busi- 1 CSR 15-3
ness day, unless the commission orders otherwise; or
- (C) Any Other Method. A document filed by any method other than registered mail, certified mail or fax is deemed filed on the date the commission receives the document.
(2) A party filing by fax shall—
- (A) Notify the commission in advance, if possible, of its intention to file the document by fax;
- (B) Fax the document to the commission’s dedicated fax number;
- (C) Fax the document, if possible, to all other parties having electronic facsimile equipment. If unable to fax, a party shall notify all other parties of its intention to file the document by fax. The notice need not be in writing. A good faith attempt at compliance shall satisfy the requirements of this subsection;
- (D) If the commission so orders, send the original signed document to the commission;
(E) Certify in the documents—
- 1. The method of notice used to fulfill
the requirements of subsection (2)(C) of this rule; and
- 2. Compliance with the requirements of
subsection (2)(D) of this rule; and
- (F) Send a copy of the document to all parties as provided in 1 CSR 15-2.270. The commission may order the party to send a copy of the document to any party by overnight mail.
- (3) Bonds. A bond is posted when the commission receives it, unless the commission orders otherwise.
AUTHORITY: sections 621.198 and 621.205, RSMo 2000.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. Amended: Filed Jan. 11, 2001, effective July 30, 2001.
*Original authority: 621.198, RSMo 1965, amended 1978 and 621.205, RSMo 1980, amended 1991.