Section Per-A 204.02 - Filing and Service(a)Hard-copy papers required or permitted to be filed with the board shall be upon good quality, non-clinging paper 8 1/2 inches by 11 inches in size.(b) Except as otherwise provided by this chapter, filing with the board may be accomplished either by personal service to the executive secretary of the board or by any of the following methods addressed to the executive secretary of the board: (1) First class mail, certified mail, registered mail, express mail or other form of specialized priority postal delivery;(3) Facsimile or electronic submission.(c) Filings with the board shall not be deemed timely unless: (1) In the case of a filing made solely by way of first class mail, certified mail, registered mail, express mail or other form of specialized priority postal delivery, all material is received by the executive secretary of the board within the time fixed by rule or law; or(2) In the case of an electronic or facsimile submission, the executive secretary of the board receives the electronic or facsimile version of all materials within the time fixed by rule or law.(d) If a filing is made by means of facsimile or electronic submission, the person making the filing shall, at or before the time that the facsimile or electronic submission is made to the executive secretary of the board, and within the time fixed by rule or law:(1)Forward all materials so submitted to all other parties in the matter or their representatives by electronic or facsimile transmission, whichever method was used, if the e- mail address or facsimile number of the party or representative is known; and(2) Forward the required number of hard copies to the board and to the other parties in the matter or their representatives.(e) In the case of parties or representatives who do not have the capability to receive an electronic or facsimile submission, or for whom no e-mail address or fax number is known, electronic or facsimile submissions made to the board shall be forwarded to the party or representative by one of the methods specified in (b) (1) through (3) above, at or before the time of filing with the board and within the time fixed by rule or law.(f) Parties and other persons making a filing with the board shall file an original and 5 additional hard copies of any motion, pleading or document associated with an appeal or other request directed to the board, regardless of whether an electronic or facsimile version of the motion, pleading or document is also submitted.(g) At or before the time of filing, one copy of all papers filed by any party to an appeal shall be served by the party or that party's representative on all other parties to the appeal. Service on a party represented by another shall be made on such representative.(h) Except as otherwise provided in this chapter, service on a party may be personal, or by any form of service allowed under (b) (1) through (3) above. For the purposes of this rule: (1) Personal service on a party shall include delivery of the copy to the secretary or other responsible person at the office of an entity's representative;(2) Service on a party by first class mail, registered mail, certified mail, express mail, other form of specialized priority postal delivery or messenger mail shall be deemed complete on mailing as demonstrated by postmark or certificate of service;(3) Service on a party by way of electronic or facsimile submission shall be deemed complete upon receipt of the electronic or facsimile version of all materials at a party's e-mail address or fax number, whichever is used;(4) Service on a rep r esentative of a party shall be deemed service on the individual or entity represented.(i) In the case of electronic or facsimile service on another party or its representative, the person making the service shall, at or before the time that the electronic or facsimile service is made and prior to any time fixed by rule or law: (1) Electronically forward, or forward by facsimile transmission, whichever method was used, all materials so served to all other parties in the matter or their representatives; and(2) Forward a hard copy of all materials to all other parties to the matter or their representatives.(j) In the case of parties or representatives who do not have the capability of receiving an electronic or facsimile submission, or for whom no e-mail address or fax number is known, service shall be by one of the methods specified in (b) (1) through (3) above, within the time fixed by rule or law.(k)Delivery of all documents relating to a proceeding shall be made to the last address given by that party or intervenor to the board.N.H. Admin. Code § Per-A 204.02
(See Revision Note at chapter heading for Per-A 200) #7378, eff 10-23-00; ss by #9205, eff 10-23-08