(1)(a) Any pleading or motion shall be filed with the department or division where the adjudicative proceeding is conducted and maintains the official file.
- (b) Section R151-4-512 governs the filing of discovery documents.
(2)(a) A filing may be accomplished by:
(i) hand delivery of a paper copy, pursuant to Subsection (2)(b)(i);
- (ii) first class or certified mail, postage prepaid, of a paper copy, pursuant to Subsection (2)(b)(i); or
- (iii) fax or attachment to electronic mail pursuant to Subsection (2)(b)(ii).
(b)(i) A filing by hand delivery or first class or certified mail is complete when it is received and date stamped by the department or division, as applicable.
(ii) A filing by fax or electronic mail is complete upon transmission, if:
- (A) compliant with Subsection (1);
- (B) completed and received during the department's operating hours, 8 a.m. to 5 p.m. Mountain Time, on days other than Saturdays, Sundays, or state or federal holidays;
- (C) the recipient receives the complete document; and
- (D) the party filing the document:
- (I) also mails the document to the department or division the same day, as evidenced by a postmark; or
- (II) before any applicable filing deadline, is expressly excused by the presiding officer from mailing the document.
- (c) The burden is on the party filing the document to ensure that a filing is properly completed.
KEY: administrative procedures, adjudicative proceedings, government hearings
Date of Last Change: January 10, 2024
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)