Mont. Admin. r. 37.62.911

Current through Register Vol. 23, December 6, 2024

Rule 37.62.911 - FILING AND PROOF OF SERVICE

(1) Whenever a rule or statute requires or permits a request for hearing, motion, brief, responsive answer or other document relating to the hearing to be filed with the department or the CSSD, the place of filing shall be the OALJ. The location, mailing address, email address, and fax number of the OALJ shall be provided on the contested case notice and on each order, subsequent notice or other document mailed by the OALJ to a party. Excluding legal holidays, the hours for filing papers are between 8:00 a.m. and 5:00 p.m., Monday through Friday. Any papers presented or delivered after 5:00 p.m. shall be stamped the next business day. All original papers shall be filed with the OALJ and not the ALJ.

(2) Facsimile (fax) filings and electronic filings may be accepted. If the fax or electronic copy is offered to prove a fact, the fax or electronic copy will be stamped "received" by the OALJ and the original document must be filed with the OALJ within 5 business days in order to be filed as of the received date of the fax or electronic copy. The fax or electronic copy and the original document must be identical, or the filing is void. If the original is not timely filed, the received fax or electronic copy shall be void except upon a finding of good cause by the ALJ.

(3) Filing with the OALJ is effective upon actual receipt at the OALJ and not upon mailing. Filing with the OALJ does not constitute service on the CSSD and service on the CSSD does not constitute a filing with the OALJ.

(4) Whenever service of a document is required by ARM 37.62.917, an original certificate of service shall be attached to each document filed under this rule including fax or electronic filings. The copies served on other parties or entities entitled to service shall also attach certificates of service. Certificates of service shall be affixed to the document and shall include the date the document was served, and the name of each party and entity served.

(5) Failure to provide a certificate of service does not affect the validity of service provided that service can be substantiated by other proof, if necessary.

(6) If the document presented for filing was prepared by an attorney representing a party, the attorney's name, complete mailing address and telephone number shall appear at the top, left-hand corner on the document's first page.

Mont. Admin. r. 37.62.911

NEW, 2000 MAR p. 3547, Eff. 12/22/00; AMD, 2017 MAR p. 2441, Eff. 12/23/2017; AMD, 2020 MAR p. 966, Eff. 5/30/2020

AUTH: 17-4-105, 40-5-202, 40-5-262, 40-5-272, 40-5-273, 40-5-405, 40-5-713, 40-5-825, 40-5-906, MCA; IMP: 17-4-105, 40-5-157, 40-5-202, 40-5-208, 40-5-226, 40-5-233, 40-5-261, 40-5-271, 40-5-273, 40-5-414, 40-5-431, 40-5-703, 40-5-710, 40-5-821, 40-5-822, 40-5-823, 40-5-824, 40-5-906, MCA