Current through March 20, 2024
Authority: IC
4-21.5-2-1;
IC
4-21.5-3-35;
IC
4-21.5-7-7
Affected: IC
4-21.5-3-1;
IC
4-21.5-3-2; IC
13-15-6-1
Sec. 3.
(a) The
requirements for the filing of pleadings and documents are as follows:
(1) The burden of proof for the timely filing
of pleadings and documents with the office is on the person so
filing.
(2) The computation of any
period of time under these rules is prescribed by IC
4-21.5-3-2.
(3) The filing of a petition for
administrative review with an ELJ may be completed, under IC
4-21.5-3-1(f),
by any of the following methods:
(A) Personal
delivery.
(B) First class,
priority, or express United States mail.
(C) Certified mail.
(D) Private carrier.
(E) Electronic facsimile or fax transmission.
All documents filed by fax must be accompanied by a descriptive cover sheet
that states the following:
(i) The title of
the document.
(ii) The number of
pages.
(iii) The identity and voice
telephone number of the sending party.
Filing by fax shall be followed by the filing of the signed
original and attachments with the office by one (1) of the methods specified in
this subdivision within one (1) day after the document is filed by fax.
(F) Petitions for review
may not be filed by electronic mail.
(4) The filing of any other document or
pleading with an ELJ may be completed, under IC
4-21.5-3-1(f),
by any of the following methods:
(A) Personal
delivery.
(B) First class,
priority, or express United States mail.
(C) Certified mail.
(D) Private carrier.
(E) Electronic facsimile transmission. All
documents filed by fax must be accompanied by a descriptive cover sheet that
states the following:
(i) The title of the
document.
(ii) The case
number.
(iii) The number of
pages.
(iv) The identity and voice
telephone number of the sending party.
(v) The instructions for filing.
(F) If all parties and the
presiding ELJ consent, by any other means.
(5) Fax transmissions and electronic mail
will be accepted for filing only during the regular business hours as set forth
in subsection (d). Transmissions received by the office after close of business
shall be filed effective the next regular business day.
(b) The requirements for service of pleadings
and documents are as follows:
(1) All
documents and pleadings filed with the presiding ELJ shall be served on all
parties.
(2) If a party is
represented by an attorney or another authorized representative, service of a
document must be made upon the attorney or other authorized representative. If
a party appears without separate representation, service must be made upon the
party.
(3) A signed certificate of
service, in substantially the following form, stating "I certify that on the
_____ day of (month), (year), service of a true and complete copy of (document
being forwarded) was made upon each party or attorney of record herein by
(identifying any of the methods of service prescribed by subsection (a)(3) or
(a)(4))", shall accompany each document filed or served.
(4) When the presiding ELJ corresponds
directly with the parties:
(A) the original
of the correspondence shall be maintained by the presiding ELJ in the official
file; and
(B) a copy shall be sent
to all parties.
(c) The filing of a document with the office
is complete on the earliest of the following:
(1) The date on which the document is
delivered to the office.
(2) The
date of the postmark on the envelope containing the document if the document is
mailed to the office by United States mail.
(3) The date on which the document is
deposited with a private carrier, as shown by a receipt issued by the carrier,
if the document is sent to the office by private carrier.
(4) The date on which the document is
received by the office if the date of deposit or postmark cannot be
determined.
(d) Where the
date of filing or service is determined by the date of delivery to or receipt
at the office, all filing or service deliveries received after 4:30 p.m., ET,
will be deemed to have been received on the next following regular
day.