R151-4-401. Filing  


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  •   (1)(a) Pleadings shall be filed with the department or division in which the adjudicative proceeding is being conducted, which maintains the official file.

      (b) The filing of discovery documents is governed by R151-4-512.

      (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 pre-paid, of a paper copy, pursuant to Subsection (2)(b)(i);

      (iii) fax, pursuant to Subsection (2)(b)(ii); or

      (iv) attachment to electronic mail, pursuant to Subsection (2)(b)(iii).

      (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 (Standard or Daylight Savings, as applicable), on days other than Saturdays, Sundays, or state or federal holidays;

      (C) the recipient receives all pages of the document transmitted; 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) prior to 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.