Current through Register Vol. 43, No. 39, September 26, 2024
(a) As used in
this regulation, each of the following terms shall have the meaning specified
in this subsection:
(1) "Filing" means any
pleading, motion, objection, proffer of evidence, discovery request or
response, brief, or any other formal communication by a party regarding the
docketed administrative proceeding for which the fling is relevant and the
filer is a party.
(2) "OAH e-fling
system" and "system" mean a public, web-based internet portal established by
OAH to which the parties to a proceeding are given secure and
password-protected access for the purpose of sending or receiving
electronically submitted flings regarding their proceeding.
(b) In any proceeding for which
the director has appointed a presiding officer, any party to the proceeding may
submit any fling to the presiding officer by using mail or telephone facsimile.
Additionally or alternatively, any party may submit any fling for its
proceeding using the OAH e-fling system, subject to the following:
(1) The system may be used only by parties
who meet the following requirements:
(A) Have
submitted to OAH a written and signed consent to the terms of use for the
system that are specified by the director; and
(B) have completed the system's online
registration for the specific proceeding to which they are a party.
(2) The only modes by which signed
consent to the terms of use for the system may be submitted to OAH are personal
service, mail, telephone facsimile, or scanning and electronically mailing the
signed consent document to the electronic mail address specified for only this
purpose by the director.
(3) Once a
party's signed consent is received by OAH, the party shall be sent by OAH, in a
manner specified by the agreed terms of use, directions and information for
completing that party's online registration for the system.
(4) Any party may satisfy its duty to serve a
copy of its flings to any other party using the OAH e-fling system, but only if
both the serving party and the recipient party have completed their
prerequisite signed consent and online registration for the immediate
proceeding to which they are party.
(5) Only OAH personnel and the parties to a
given proceeding shall have access to submit online or to view online any
flings for their proceedings. Whether fled electronically or through other
means, records of a proceeding shall be available to nonparties only as
provided by the Kansas open records act,
K.S.A.
45-215 et seq., and amendments
thereto.
(c) No person
may submit a fling or use the OAH e-fling system for a proceeding to which the
person is not a party unless the presiding officer has recognized the person as
an authorized representative of the party on whose behalf the person is fling
or using the system.
(d) All orders
and notices issued by the presiding officer shall be served in conformity with
K.S.A.
77-531, and amendments thereto.
(e) A party's inability to utilize the OAH
e-fling system shall not constitute a basis for an extension of time in which
to file any matter with the presiding officer or with opposing parties. This
inability shall not affect any applicable fling deadlines imposed by law or by
order of the presiding officer.
(f)
For purposes of determining whether an error was committed by the OAH e-fling
system before the effective date of a default or initial order, any party to
the proceedings in question may request that OAH perform an audit of the system
and deliver the audit findings to the presiding officer if all of the following
conditions are met:
(1) The requesting party
alleges that it was unable to make a timely fling due to an error of the
system.
(2) The timeliness or
existence of the fling transaction in question is material to the disposition
of the party's case.
(3) The party
submits its audit request before a proposed default order for its case has
become effective or before an initial order in the case has been
issued.
(g) For purposes
of determining whether an error was committed by the OAH e-fling system during
an appeal pursuant to
K.S.A.
77-527 and amendments thereto, any party to
the appeal may request that OAH perform an audit of the system and deliver the
audit findings to the agency head if all of the following conditions are met:
(1) The requesting party alleges that it was
unable to make a timely fling during the course of the appeal due to an error
of the system.
(2) The timeliness
or existence of the fling transaction in question is material to the
disposition of the party's appeal.
(3) The party submits its audit request
before a final order on its appeal has been issued.
(h) Concise documentation of the results of
any system audit performed in accordance with this regulation shall be
incorporated into the record of any case in which a system error was
alleged.
