| (a) Once a party has notice that a division has transferred
a contested case to the Hearings Division, the party shall file all
subsequent pleadings and other documents related to the case with
the Docket Services Section.
(b) Pleadings and related documents filed with the
Hearings Division shall be deemed filed only when they are actually
received by the Docket Services Section and are accompanied by any
required filing fee. The time and date of filing shall be determined
by the file stamp affixed on the pleading or related document by the
Docket Services Section.
(c) Except as provided in subsection (e) of this section,
pleadings shall be filed as follows:
(1) If the pleading contains 10 or fewer pages including
exhibits, it may be filed by fax, email, or other approved electronic
transmission with the Docket Services Section. If a party or authorized
representative elects to file a pleading by email, the party or authorized
representative agrees to be served by email and affirmatively consents
to the release and disclosure of the email address.
(2) Pleadings longer than 10 pages shall be filed
in hard copy with the Docket Services Section, unless the examiner
or Hearings director informs the parties in writing that they may
file all documents pursuant to paragraph (1) of this subsection.
(d) Unless the examiner sets the filing deadline at
a time earlier than 5 p.m., pleadings and related documents shall
be considered timely filed if received and file stamped by the Docket
Services Section on or before 5 p.m. of the filing deadline. Pleadings
filed after 5 p.m. local time of the Commission shall be deemed filed
the following business day. Pleadings filed by fax, email, or other
approved electronic transmission shall be considered filed at or before
5 p.m. local time if the complete pleading is received at or before
5 p.m. local time. If the examiner sets the filing deadline at a time
earlier than 5 p.m., pleadings and related documents shall be considered
filed at the time indicated by the file stamp.
(e) Exceptions and replies, and motions for rehearing
and replies to motions for rehearing shall be filed pursuant to §1.122
of this title (relating to Filing of Exceptions and Replies) and §1.128
of this title (relating to Motions for Rehearing), respectively.
(f) The Hearings Division may decline to accept a transferred
case, docket a case, accept a filing, or set a hearing in instances
where there has been a failure to substantially conform to the rules
in this chapter.
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