N.Y. Comp. Codes R. & Regs. tit. 4 § 200.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 200.12 - Electronic filing and service

(a) Notwithstanding any provisions of this Chapter to the contrary including section 200.11 of this Part, the director or administrative law judge before whom a matter is pending may permit the electronic filing and electronic service of any or all pleadings or related documents by and upon a party to a proceeding if such party expressly so consents to electronic service in a form provided by the board. Such permission and consent must be on notice to all parties.

(b) Notwithstanding any provisions of this Chapter to the contrary including section 200.11 of this Part, the chairperson, in consultation with the board, may generally authorize the electronic service and/or filing of any documents for any or all proceedings before it or before an administrative law judge provided that: such general authorization is posted on the board's website and such general authorization becomes effective no sooner than 60 days from the date of such posting; provision is made to permit unrepresented individuals to choose to file and receive all pleadings, memoranda, correspondence and any case-related information in paper form; and the board or its designees retain discretion in determining whether to grant the application of a party to file and serve in paper form due to hardship, inability to comply with the procedure, or other good cause shown.

(c) The term electronic filing, as used in this Chapter, shall mean a document submitted by means specified by the agency on its website. Such documents shall be:

(1) in a format that can be read using software that is readily available and is in widespread use by government, businesses, and individuals; and

(2) electronically searchable unless the party providing the document certifies in a written attachment to document served and/or in any required proof of service that it does not have the capacity to produce a searchable file.

(d) The term electronic service, as used in this Chapter, shall mean delivery before the latest time designated for service by electronic mail to a party sent to an electronic mail address designated by the recipient. Electronic service is deemed complete upon sending unless an error message or other notification that the served document has not been successfully dispatched or received is returned, in which case the service is null and void.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 200.12

Adopted New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff.8/2/2017