[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR81.12]

[Page 231-232]
 
                           TITLE 34--EDUCATION
 
PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 81.12  Filing requirements.

    (a) Any written submission to an ALJ or the OALJ under this part 
must be filed by hand-delivery, by mail, or by facsimile transmission. 
The Secretary discourages the use of facsimile transmission for 
documents longer than five pages.
    (b) If a party files a brief or other document with an ALJ or the 
OALJ, the party shall serve a copy of the filed material on the other 
party on the filing date by hand-delivery or by mail. If agreed upon by 
the parties, service of a document may be made upon the other party by 
facsimile transmission.
    (c) Any written submission to an ALJ or the OALJ must be accompanied 
by a

[[Page 232]]

statement certifying the date that the filed material was filed and 
served on the other party.
    (d)(1) The filing date for a written submission to an ALJ or the 
OALJ is the date the document is--
    (i) Hand-delivered;
    (ii) Mailed; or
    (iii) Sent by facsimile transmission.
    (2) If a scheduled filing date falls on a Saturday, Sunday, or 
Federal holiday, the filing deadline is the next business day.
    (e) A party filing by facsimile transmission is responsible for 
confirming that a complete and legible copy of the document was received 
by the Department.
    (f) If a document is filed by facsimile transmission, a follow-up 
hard copy must be filed by hand-delivery or by mail within a reasonable 
period of time.

(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a))

[54 FR 19512, May 5, 1989, as amended at 57 FR 56795, Nov. 30, 1992]