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29 C.F.R. § 18.30 : Labor — OFFICE OF THE SECRETARY OF LABOR — RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES — GENERAL —SERVICE, FORMAT, AND TIMING OF FILINGS AND OTHER PAPERS — Service and filing
Text
(a)
Service on parties
-
(1)
In general.
Unless these rules provide otherwise, all papers filed with OALJ or with the judge must be served on every party.
(2)
Service: how made
-
(i)
Serving a party's representative.
If a party is represented, service under this section must be made on the representative. The judge also may order service on the party.
(ii)
Service in general.
A paper is served under this section by:
(A)
Handing it to the person;
(B)
Leaving it;
(1)
At the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or
(2)
If the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there.
(C)
Mailing it to the person's last known address-in which event service is complete upon mailing;
(D)
Leaving it with the docket clerk if the person has no known address;
(E)
Sending it to a registered user by filing it with the Department's eFile/eServe system or sending it by other electronic means that the person consented to in writing-in either of which events service is complete upon filing or sending, but is not effective if the filer or sender learns that it did not reach the person to be served; or
(F)
Delivering it by any other means that the person consented to in writing-in w
(iii)
Consent to electronic service.
Any person required to file electronically pursuant to paragraph (b)(3)(i)(A) of this section and any person who opts to file electronically pursuant to paragraph (b)(3)(i)(B) of this section is deemed to have consented to electronic service of documents issued by the judge and papers filed by a registered user of the Department's eFile/eServe system.
hich event service is complete when the person making service delivers it to the agency designated to make delivery.
(3)
Certificate of service.
A certificate of service is a signed written statement that the paper was served on all parties. The statement must include:
(i)
The title of the document;
(ii)
The name and address of each person or representative being served;
(iii)
The name of the party filing the paper and the party's representative, if any;
(iv)
The date of service; and
(v)
How the paper was served.
(b)
Filing with Office of Administrative Law Judges
-
(1)
Required filings.
Any paper that is required to be served must be filed no later than a reasonable time after service with a certificate of service.
(i)
Notices of deposition,
(ii)
Depositions,
(iii)
Interrogatories,
(iv)
Requests for documents or tangible things or to permit entry onto land;
(v)
Requests for admission, and
(vi)
The notice (and the related copy of the subpoena) that must be served on the parties under rule 18.56(b)(1) before a "documents only" subpoena may be served on the person commended to produce the material.
(2)
Filing: when made-in general.
A paper submitted electronically in the Department's eFile/eServe system is filed when received by the system. Papers submitted by other means are filed when received by the docket clerk or by the judge during a hearing.
(3)
Filing: how made
-
(i)
Electronic filing and signing
-
(A)
By a represented person-generally required; exceptions.
Beginning on April 12, 2021, a person represented by an attorney or non-attorney representative must file using the Department's eFile/eServe system following the instructions on the system's website, unless another form of electronic or non-electronic filing is allowed by the judge for good cause or is allowed or required by standing order.
(B)
By a self-represented person-when allowed or required.
A person not represented by an attorney or non-attorney representative may file using the Department's eFile/eServe system following the instructions on the system's website.
(C)
Signing.
A filing made through a person's eFile/eServe system account and authorized by that person, together with that person's name on a signature block, constitutes the person's signature.
(D)
Same as a written paper.
A paper filed electronically is a written paper for purposes of these rules.
(ii)
Other forms of filing.
Persons who are excepted from e-filing under paragraph (b)(3)(i)(A) of this section, or who have opted not to use e-filing as permitted by paragraph (b)(3)(i)(B) of this section, may file papers by mail, courier service, hand delivery, facsimile, or alternative means of electronic delivery. The mailing addresses for OALJ's National and District offices are found at
.
(A)
Filing by facsimile-cover sheet.
Filings by facsimile must include a cover sheet that identifies the sender, the total number of pages transmitted, and the matter's docket number and the document's title.
(B)
Filing by facsimile-retention of the original document.
The original signed document will not be substituted into the record unless required by law or the judge. Any party filing a facsimile of a document must maintain the original document and transmission record until the case is final. A transmission record is a paper printed by the transmitting facsimile machine that states the telephone number of the receiving machine, the number of pages sent, the transmission time, and an indication that no error in transmission occurred. Upon a party's request or judge's order, the filing party must provide for review the original transmitted document from which the facsimile was produced.
29 C.F.R. §18.30
80 FR 28785, 5/19/2015; 86 FR 1804, 2/25/2021
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