[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: 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]