| (a) Original Materials. (1) All documents shall be filed with the administrative hearings clerk at SOAH or as designated by the Commissioner. (2) Submission of documents to be filed must include an original and two copies. (3) Faxed submissions of documents will be accepted for filing provided sufficient copies are provided. The party filing a faxed document shall retain the original document and become its custodian. (4) If the submitting party wishes a file stamped copy for the party's records, the party must provide one additional copy and a self-addressed stamped envelope. (5) All documents filed with the administrative hearings clerk shall have the agency's assigned docket number and style of the case, if any, and a certificate of service. (b) Discovery Materials. (1) Discovery documents shall be served upon other counsel or the parties, but shall not be filed with the administrative hearings clerk or served on the administrative law judge, except on special order of the administrative law judge. The party responsible for service of the discovery material shall retain a true and accurate copy of the original documents and become their custodian. (2) If relief is sought in a discovery dispute, copies of the portions of the material in dispute only shall be filed with the administrative hearings clerk as attached exhibits with any pertinent motion. (3) If discovery documents are to be used at trial or are necessary to a prehearing motion which might result in a final order on any issue, only the portions to be used along with a cover letter shall be supplied to the administrative hearings clerk. (4) Service on All Parties. Pursuant to §2.6(d) of this subchapter (relating to Appearance of Parties at Hearings; Representation), a copy of all filings shall be served on all parties. (5) Certificate of Service. The person filing the document shall include a certificate of service that certifies compliance with this rule. If a filing does not contain a certificate of service or otherwise show service on all other parties, and the administrative hearings clerk, if applicable, the administrative hearings clerk shall: (A) return the filing; or (B) send notice of noncompliance to all parties, stating the filing will not be considered until all parties have been served. (6) Time of Filing. The deadline for filing documents with the administrative hearings clerk shall be by 3:00 p.m. local time, Monday through Friday, on regular business days, unless otherwise ordered by the administrative law judge. |
