For 502(c)(2) penalty proceedings, this section shall apply in lieu
of Sec. 18.3 of this title.
(a) General. 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 all matters. All documents to be filed shall be
delivered or mailed to the Chief Docket Clerk, Office of Administrative
Law Judges, 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) By parties. All motions petitions, pleadings, briefs, or other
documents shall be filed with the Office of Administrative Law Judges
with a copy, including any attachments, to all other parties or record.
When a party is represented by an attorney, service shall be made upon
the attorney. Service of any document upon any party may be made by
personal delivery or by mailing a copy to the last known address. The
Department shall be served by delivery to the Associate Solicitor, Plan
Benefits Security Division, ERISA section 502(c)(2) Proceeding, P.O. Box
1914, Washington, DC 20013. The person serving the document shall
certify to the manner and date of service.
(c) By the Office of Administrative Law Judges. Service of orders,
decisions and all other documents shall be made by regular mail to the
last known address.
(d) Form of pleadings. (1) Every pleading shall contain information
indicating the name of the Pension and Welfare Benefits Administration
(PWBA) as the agency under which the proceeding is instituted, the title
of the proceeding, the docket number (if any) assigned by the Office of
Administrative Law Judges and a designation of the type of pleading or
paper (e.g., notice, motion to dismiss, etc.). The pleading or paper
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 standard size 8\1/2\ x 11 inch paper.
(2) Illegible documents, whether handwritten, typewritten,
photocopies, or otherwise, will not be accepted. Papers may be
reproduced by any duplicating process provided all copies are clear and
legible.
[54 FR 26897, June 26, 1989, as amended at 56 FR 54708, Oct. 22, 1991]
