Current through September 18, 2024
Authority: IC 8-1-1-3; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1
Sec. 3.
(a) Except
as provided in subsections (b), (c), (d), and (e), the filing of a
communication, paper, or pleading with the commission shall be made through the
electronic filing system. The filing shall comply with this rule and the
companion technical and readability specifications as noted in section 1 of
this rule. The filing will be file stamped by the commission to reflect the
date the filing was received by the commission. A filing made through the
electronic filing system is considered filed on the date reflected in the
notice of receipt associated with the filing. Electronic filing must be
completed before midnight to be considered filed that day, and compliance with
filing deadlines is determined in accordance with prevailing local time in
Indianapolis, Indiana.
(b) Filings
related to:
(1) informal complaints;
(2) reviews by the director of consumer
affairs or the director's designee under
170
IAC 16-1-5(d); and
(3) reviews by the commission under
170
IAC 16-1-6; may be made through the electronic filing
system. Alternately, those filings may be made by email or mail. The initial
informal complaint may also be made by telephone or in
person.
(c) When filing
through the electronic filing system is prevented by technical problems, the
filer shall do the following:
(1) bring the
circumstances to the attention of the presiding officers and:
(A) file in person or by mail if the filer
can still file in a timely manner; or
(B) request relief within one (1) business
day to extend the time within which to file.
(2) File the communication, paper, or
pleading through the United States mail or in person as follows:
(A) Filings made by mail are considered filed
on the date received by the commission. Filings shall be addressed to the
secretary of the commission.
(B)
Filings made in person are considered filed on the date received by the
commission. Unless authorized by a presiding officer, a filing may not be
accepted outside of the regular business hours of the commission on the date
due.
(C) For confidential filed
documents, filings shall follow the requirements of subsection 4(i)
[section 4(i) of this rule].
(3) Include a declaration that the party was
unable to file electronically in a timely manner due to technical
problems.
(d) A presiding
officer at a hearing may permit appropriate pleadings or other papers to be
filed with the presiding officer at the hearing.
(e) Unless otherwise provided by this rule,
the petitioner or other party shall file pleadings through the electronic
filing system. A presiding officer or the commission may require that hard
copies be provided as follows:
(1) Hard copy
filing is permitted when electronic filing is not possible due to:
(A) technical problems;
(B) files that are too large to upload to the
electronic filing system; or
(C) an
exhibit that exists only in physical form and cannot be changed to an
electronic format.
(2)
Filings other than:
(A) territorial
maps;
(B) engineering
drawings;
(C) accounting
schedules;
(D) certain oversize
filings approved by the presiding officers; or
(E) other visual aids; shall be formatted for
eight and one-half (8 1/2) inch by eleven (11) inch paper unless otherwise
authorized by the presiding officer.
(3) Filings made by hard copy shall be
unbound and printed on only one (1) side of the page. Additional copies shall
be stapled or permanently bound and printed on both sides of the
page.
(f) Time periods
within which to make filings with the commission are given in calendar days
unless otherwise stated. In computing a period of time prescribed or allowed by
this rule, by order of the commission or the presiding officer, or by an
applicable statute that does not contain a provision regarding computation of
time, the day of the act, event, or default from which the designated period of
time begins to run shall not be included, and as follows:
(1) The last day of the period so computed is
to be included unless it is a:
(A)
Saturday;
(B) Sunday;
(C) legal holiday as defined by state
statute; or
(D) day that the office
in which the act is to be done is closed during regular business
hours.
(2) The period
runs until the end of the next day that is not one (1) of the following:
(A) a Saturday;
(B) a Sunday;
(C) a legal holiday as defined by state
statute; or
(D) a day on which the
commission is closed during regular business hours.
(3) Saturdays, Sundays, legal holidays as
defined by state statute, and days on which the commission office is closed
during regular business hours shall be excluded from the computations when the
period of time allowed is less than seven (7) days.
