[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR33.26]



[Page 80-81]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.26  Form, filing and service of papers.



    (a) Form. (1) Documents filed with the ALJ must include an original 

and two copies.

    (2) Every pleading and paper filed in the proceeding must contain a 

caption setting for the title of the action, the case number assigned by 

the ALJ, and a designation of the paper (e.g., motion to quash 

subpoena).

    (3) Every pleading and paper must be signed by, and must contain the 

address and telephone number of the party or the person on whose behalf 

the paper was filed, or his or her representative.

    (4) Papers are considered filed when they are mailed. Date of 

mailing may be established by a certificate from the party or its 

representative or by proof



[[Page 81]]



that the document was sent by certified or registered mail.

    (b) Service. A party filing a document with the ALJ shall, at the 

time of filing, serve a copy of the document on every other party. 

Service upon any party of any document other than those required to be 

served as prescribed in Sec.  33.8 shall be made by delivering a copy, 

or by placing a copy of the document in the United States mail, postage 

prepaid and addressed, to the party's last known address. If a party is 

represented by a representative, service must be made upon the 

representative in lieu of the actual party.

    (c) Proof of service. A certificate of the individual serving the 

document by personal delivery or by mail, setting forth the manner of 

service, is proof of service.



(Authority: 31 U.S.C. 3803(b)(3)(A))