Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment allows for electronic filing
with the commission and clarifies when documents are deemed filed with the
commission when delivered by various means.
(1) A party may file a document with the
commission by-
(A) Hand-delivering the
document to the commission. A document filed by hand-delivering a physical copy
to the commission is deemed filed on the date the commission receives the
document;
(B) Registered or Certified Mail. A document filed by
registered or certified mail, as defined in section
1.020(1),
RSMo, is deemed filed on the date shown on
the records of the United States Post Office or other common carrier that
allows a sender or recipient to electronically track its location and provides
record of the signature of the recipient;
(C) Electronic
Transmission by fax or through an electronic filing system, or its equivalent.
1. A document filed by fax shall follow the
procedures set forth in section (2) of this rule.
2. A document filed by electronic filing or
its equivalent shall follow the procedures set forth in section (3) of this
rule.
3. A document filed by fax or
electronic filing is deemed filed at the time the commission receives the fax
or electronic filing, except that if a document arrives by fax or electronic
filing after 5:00 p.m. and before 12:00 midnight or on a Saturday, Sunday, or
legal holiday, it is filed on the commission's next business day, unless the
commission orders otherwise; or
(D) Any Other Method.
A document filed by any method other than hand-delivery, registered mail,
certified mail, fax, or electronic filing is deemed filed on the date the
commission receives the document.
(2) A party filing by fax shall-
(A) Fax the document to the commission's
dedicated fax number, (573) 751-5018;
(B) Fax the document, if possible, to
allother parties having electronic facsimileequipment. If unable to fax, a
party shallnotify all other parties of its intention to filethe document by
fax. The notice need not bein writing. A good faith attempt at compli-ance
shall satisfy the requirements of thissubsection;
(C) If the commission so orders, send
theoriginal signed document to the commission;
(D) Certify in the documents the method
ofnotice used to fulfill the requirements of sub-section (2)(B) of this rule;
and
(E) Send a copy of the document
to all par-ties as provided in 1 CSR 15-3.270. Thecommission may order the
party to send acopy of the document to any party byovernight
mail.
(3) A party filing
by electronic filing shall-
(A) Transmit the
document via the commission's dedicated electronic filing system accessible
through the commission web site;
(B) E-mail the document, if possible, to all
other parties having e-mail capability. If unable to e-mail, a party shall
notify all other parties of its intention to file the document by electronic
filing. The notice need not be in writing. A good faith attempt at compliance
shall satisfy the requirements of this subsection;
(C) If the commission so orders, send the
original signed document to the commission;
(D) Certify in the documents the method of
notice used to fulfill the requirements of subsection (3)(B) of this
rule;
(E) Send a copy of the
document to all parties as provided in
1 CSR
15-3.270. The commission may order the party to send a
copy of the document to any party by overnight mail; and
(F) E-mail filing outside the commission's
electronic filing system is not permitted, except for cases filed under section
162.961,
RSMo, Individuals with Disabilities Education Act (IDEA) or as otherwise
permitted in writing by the commission.
(4) The provisions of
1 CSR 15-3.350
relating to filing multiple copies of the complaint shall not apply to filings
made by fax or electronic filing, unless otherwise required by the
commission.
(5) A facsimile or
electronic signature shall have the same effect as an original signature. See
section
432.230,
RSMo.
(6) The commission prefers
that any document in excess of fifty (50) pages be filed by electronic
filing.
(7) All pleadings and other
papers, except exhibits, filed with the commission shall be printed on or
formatted to eight and one half by eleven inch (8 ½ x 11") paper and
printed on one (1) side only.
(8) Bonds. A bond is
posted when the commission receives the original bond, unless the commission
orders otherwise.
*Original authority: 621.035, RSMo 1978 and 621.198, RSMo
1965, amended 1978, 2001.
