[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR81.12]



[Page 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 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]