Current through Register Vol. 24-18, September 15, 2024
(1) For purposes of this section "documents"
means pleadings, briefs, exhibits, orders, or other materials requested or
relevant to an adjudicative proceeding.
(2) Filing. Filing is the act of delivering
documents to the adjudicative clerk's office.
(a) A party must file with the adjudicative
clerk's office documents required or allowed pursuant to this
chapter.
(b) Unless otherwise
provided by law or directed by the presiding officer, documents must be filed
by:
(i) Hand delivery to the adjudicative
clerk's office, except when the office is closed during normal business hours
due to exigent circumstances;
(ii)
First class, registered, or certified mail;
(iii) Fax transmission ;
(iv) Electronic mail sent to
ACOfax@doh.wa.gov ; or
(v) Other
secure electronic means as established by the department.
(c) The date of filing is the date the
documents are received by the adjudicative clerk's office.
(d) Filing is effective when the documents
are received by the adjudicative clerk's office during normal business hours.
For documents received after 5:00 p.m. on a business day or on a Saturday,
Sunday, or legal holiday, the filing is effective the next business
day.
(3) Service.
Service is the act of delivering a document to a party or a party's designated
representative.
(a) Unless otherwise provided
by law, documents must be served by:
(i)
Personal service;
(ii) First class,
registered, or certified mail; or
(iii) Fax transmission.
(b) A party must serve copies of documents
required or allowed by this chapter prior to or simultaneously with filing the
original document with the adjudicative clerk's office.
(c) Service is complete when the documents
are:
(i) Personally served;
(ii) Properly stamped, addressed, and
deposited in the United States mail; or
(iii) Successfully transmitted by fax.
(d) A party may prove
service by filing in compliance with this chapter any of the following:
(i) An acknowledgment of service;
or
(ii) A certificate of service
including the date the documents were served, the parties upon whom served, the
signature of the serving party, and a statement specifying which type of
service was used.
(e)
Service on a licensee, applicant, or a person requesting an adjudicative
proceeding will be made at the last known address provided to the department in
accordance with WAC
246-12-310,
unless the program has actual knowledge of a different correct address for the
person being served.
(4)
The parties may agree to use electronic mail for service of
documents.
(5) A party may agree
with the adjudicative clerk's office to service of documents via electronic
mail or other secure electronic means as established by the department,
including notices of hearing, initial orders, and final orders.
(6) The adjudicative clerk's office will
serve documents via electronic mail or other secure electronic means as
established by the department in those cases in which all parties agree to
electronic service.
Statutory Authority:
RCW
18.155.040. 97-12-089, § 246-10-109,
filed 6/4/97, effective 7/5/97. Statutory Authority:
RCW
43.70.040. 94-04-079, § 246-10-109,
filed 1/31/94, effective 3/3/94; 93-13-005 (Order 369), § 246-10-109,
filed 6/3/93, effective 7/4/93.
