Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - SOLID WASTE PROGRAMENVIRONMENTAL MANAGEMENT COMMISSION
Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Section 335-2-1-.24 - Filing And Service

Ala. Admin. Code r. 335-2-1-.24

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Current through Register Vol. 42, No. 8, May 31, 2024
Section 335-2-1-.24 - Filing And Service
(1) Except as otherwise provided in this Chapter, the filing of any request, application, motion, or other pleading or paper with the Commission shall be made by delivering such request, application, motion, or other pleading or paper to:

Environmental Management Commission

1400 Coliseum Boulevard

Montgomery, Alabama 36110-1463

Filing shall not be timely unless the papers are received by the Commission within the time fixed for filing, except that papers shall be deemed filed on the day of mailing if mailed by certified, registered or express mail of the United States Postal Service or a similar private express-delivery service, and the date of the official post-mark is on or before the time fixed for filing.

(2) A copy of every motion or other pleading or paper, other than a request for a hearing and application to intervene, filed with the Commission concerning a contested administrative action of the Department shall be served upon each of the parties, the Department's Office of General Counsel, and the Hearing Officer if one has been appointed. The Hearing Officer shall maintain a duplicate file during the course of the proceeding. When the Hearing Officer corresponds directly with the parties, a copy of the correspondence shall be sent to the Commission, a copy shall be maintained by the Hearing Officer in the duplicate file, and a copy shall be sent to all the parties. Parties who correspond directly with the Hearing Officer shall, in addition to serving all other parties, send a copy of all such correspondence to the Commission. A certificate of service shall accompany each document served under this subsection. Except as otherwise provided in this Chapter, service upon a party shall be made by delivering or mailing a copy to the party or the party's attorney, if represented by one. Delivery of a copy for purposes of service means: handing it to the party or the party's attorney; or leaving it at the party's office with his or her clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

Authors: David A. Ludder, Olivia H. Jenkins

Ala. Admin. Code r. 335-2-1-.24

Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994. Amended: Filed June 20, 2003; effective July 25, 2003.

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.