[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: 34CFR86.405]

[Page 296-297]
 
                           TITLE 34--EDUCATION
 
PART 86_DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents
 
                       Subpart E_Appeal Procedures
 
Sec. 86.405  What are the requirements for filing written submissions?

    (a) Any written submission under this subpart 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, 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 must be accompanied by a 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 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 Federal 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.

[[Page 297]]

    (f) If a document is filed by facsimile transmission, the Secretary 
or the designated Department official, as applicable, may require the 
filing of a follow-up hard copy by hand-delivery or by mail within a 
reasonable period of time.

(Authority: 20 U.S.C. 1145g)

[57 FR 56795, Nov. 30, 1992]