[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.6]

[Page 220]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.6  Service and filing of documents.

    (a) Generally. An original and four copies of the complaint shall be 
filed with the Chief Administrative Hearing Officer. An original and two 
copies of all other pleadings, including any attachments, shall be filed 
with the Chief Administrative Hearing Officer by the parties presenting 
the pleadings until an Administrative Law Judge is assigned to a case. 
Thereafter, all pleadings shall be delivered or mailed for filing to the 
Administrative Law Judge assigned to the case, and shall be accompanied 
by a certification indicating service to all parties of record. When a 
party is represented by an attorney, service shall be made upon the 
attorney. Except as required by Sec. 68.54(c) and paragraph (c) of this 
section, 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.
    (b) Discovery. The parties shall not file requests for discovery, 
answers, or responses thereto with the Administrative Law Judge. The 
Administrative Law Judge may, however, upon motion of a party or on his 
or her own initiative, order that such requests for discovery, answers, 
or responses thereto be filed.
    (c) Where a time limit is imposed by statute, regulation, or order. 
Pleadings and briefs may be filed by facsimile with either an 
Administrative Law Judge or, in the case of a complaint, with the Chief 
Administrative Hearing Officer, only to toll the running of a time 
limit. All original signed pleadings and other documents must be 
forwarded concurrently with the transmission of the facsimile. Any party 
filing documents by facsimile must include in the certification of 
service a certification that service on the opposing party has also been 
made by facsimile or by same-day hand delivery, or, if service by 
facsimile or same-day hand delivery cannot be made, a certification that 
the document has been served instead by overnight delivery service. In 
the case of requests for administrative review, briefs or other filings 
relating to review by the Chief Administrative Hearing Officer, filing, 
or service shall be made using the procedure set forth in this paragraph 
pursuant to Sec. 68.54(c).

[Order No. 2203-99, 64 FR 7074, Feb. 12, 1999]