(a) Method of filing. (1) Any written submission to an ALJ or the OALJ under this part, including pleadings, petitions, and motions, must be filed by submission to OES unless a party shows the ALJ good cause why its written submission cannot be filed electronically. A party filing electronically is responsible for ensuring that a complete and legible document was successfully submitted in a format for electronic filing permitted under OHA procedures.
(2) If the ALJ permits a party to file a written submission in paper format, the filing party must file the written submission with the ALJ or the OALJ by hand-delivery or regular mail.
(b) Filing date. (1) The filing date for a written submission to an ALJ or the OALJ is the date the document is—
(i) Submitted to OES; or
(ii) Hand-delivered or mailed, if the ALJ has permitted the written submission to be filed in paper format.
(2) If a scheduled filing date falls on a Saturday, Sunday, or Federal holiday, the filing deadline is the next business day.
(c) Service to other parties. (1) The filing of a written submission to OES constitutes service on other parties.
(2) If a party is permitted by the ALJ to file a written submission in paper format, the party must serve a copy of the written submission on the other party on the filing date by hand-delivery or regular mail. Any such written submission to the ALJ or OALJ must be accompanied by a statement certifying that the material was served on the other party on the filing date.
(Authority: 20 U.S.C. 1221e-3,1234,and,Sept. 23, 2021]