(a) Generally. Except as otherwise provided in this part, copies of
all documents shall be served on all parties of record. All documents
should clearly designate the docket number, if any, and short title of
the matter. If the matter involves a program administered by the Office
of Workers' Compensation Programs (OWCP), the document should contain
the OWCP number in addition to the docket number. All documents to be
filed shall be delivered or mailed to the Chief Docket Clerk, Office of
Administrative Law Judges (OALJ), 800 K Street, NW., Suite 400,
Washington, DC 20001-8002, or to the OALJ Regional Office to which the
proceeding may have been transferred for hearing. Each document filed
shall be clear and legible.
(b) How made; by parties. All documents shall be filed with the
Office of Administrative Law Judges, except that notices of deposition,
depositions, interrogatories, requests for admissions, and answers and
responses thereto, shall not be so filed unless the presiding judge so
orders, the document is being offered into evidence, the document is
submitted in support of a motion or a response to a motion, filing is
required by a specialized rule, or there is some other compelling reason
for its submission. Whenever under this part service by a party is
required to be made upon a party represented by an attorney or other
representative the service shall be made upon the attorney or other
representative unless service upon the party is ordered by the presiding
administrative law judge. Service of any document upon any party may be
made by personal delivery or by mailing a copy to the last known
address. The person serving the document shall certify to the manner and
date of service.
(c) By the Office of Administrative Law Judges. Service of notices,
orders, decisions and all other documents, except complaints, shall be
made by regular mail to the last known address.
(d) Service of complaints. Service of complaints or charges in
enforcement proceedings shall be made either: (1) By delivering a copy
to the individual, partner, officer of a corporation, or attorney of
record; (2) by leaving a copy at the principal office, place of
business, or residence; (3) by mailing to the last known address of such
individual, partner, officer or attorney. If done by certified mail,
service is complete upon mailing. If done by regular mail, service is
complete upon receipt by addressee.
(e) Form of pleadings. (1) Every pleading shall contain a caption
setting forth the name of the agency under which the proceeding is
instituted, the title of the proceeding, the docket
number assigned by the Office of Administrative Law Judges, and a
designation of the type of pleading or paper (e.g., complaint, motion to
dismiss, etc.). The pleading or papers shall be signed and shall contain
the address and telephone number of the party or person representing the
party. Although there are no formal specifications for documents, they
should be typewritten when possible on standards size (8\1/2\ x 11)
paper legal size (8\1/2\ x 14) paper will not be accepted after July 31,
1983.
(2) Illegible documents, whether handwritten, typewritten,
photocopied, or otherwise will not be accepted. Papers may be reproduced
by any duplicating process, provided all copies are clear and legible.
(f) Filing and service by facsimile.
(1) Filing by a party; when permitted. Filings by a party may be
made by facsimile (fax) when explicitly permitted by statute or
regulation, or when directed or permitted by the administrative law
judge assigned to the case. If prior permission to file by facsimile
cannot be obtained because the presiding administrative law judge is not
available, a party may file by facsimile and attach a statement of the
circumstances requiring that the document be filed by facsimile rather
than by regular mail. That statement does not ensure that the filing
will be accepted, but will be considered by the presiding judge in
determining whether the facsimile will be accepted nunc pro tunc as a
filing.
(2) Service by facsimile; when permitted. Service upon a party by
another party or by the administrative law judge may be made by
facsimile (fax) when explicitly permitted by statute or regulation, or
when the receiving party consents to service by facsimile.
(3) Service sheet and proof of service. Docments filed or served by
facsimile (fax) shall include a service sheet which states the means by
which filing and/or service was made. A facsimile transmission report
generated by the sender's facsimile equipment and which indicates that
the transmission was successful shall be presumed adequate proof of
filing or service.
(4) Cover sheet. Filings or service by facsimile (fax) shall include
a cover sheet that identifies the sender, the total number of pages
transmitted, and the caption and docket number of the case, if known.
(5) Originals. Documents filed or served by facsimile (fax) shall be
presumed to be accurate reproductions of the original document until
proven otherwise. The party proferring the document shall retain the
original in the event of a dispute over authenticity or the accuracy of
the transmission. The original document need not be submitted unless so
ordered by the presiding judge, or unless an original signature is
required by statute or regulation. If an original signature is required
to be filed, the date of the facsimile transmission shall govern the
effective date of the filing provided that the document containing the
original signature is filed within ten calendar days of the facsimile
transmission.
(6) Length of document. Documents filed by facsimile (fax) should
not exceed 12 pages including the cover sheet, the service sheet and all
accompanying exhibits or appendices, except that this page limitation
may be exceeded if prior permission is granted by the presiding judge or
if the document's length cannot be conformed because of statutory or
regulatory requirements.
(7) Hours for filing by facsimile. Filings by facsimile (fax) should
normally be made between 8:00 am and 5:00 pm, local time at the
receiving location.
(g) Filing and service by courier service. Documents transmitted by
courier service shall be deemed transmitted by regular mail in
proceedings before the Office of Administrative Law Judges.
[48 FR 32538, July 15, 1983, as amended at 56 FR 54708, Oct. 22, 1991;
59 FR 41876, Aug. 15, 1994; 60 FR 26970, May 19, 1995]
