Or. Admin. Code § 115-010-0033
Current through Register Vol. 63, No. 10, October 1, 2024
Section 115-010-0033 - Filings and Service of Documents(1)(a) Any document required or allowed to be filed with the Board or served on a party may be filed or served by mail, email, facsimile (fax), in person, or through the Board's online case management system. The Board shall post on its website the street address for personal delivery, the mailing address for filing by mail, the telephone number for filing by fax, the email address to be used for email filing, and the website address for the online case management system.(b) A complaint or answer will not be considered filed until the filing fees required by ORS 243.672(6) have been paid.(c) The Board will charge $25 for each facsimile filing.(d) If a physical document is filed at the Board's office (e.g., by mail or other delivery service) and received by the Board by 5:00 p.m. Pacific Time on a business day, then the document is considered to be filed on that business day. A physical document received after 5:00 p.m. Pacific Time is considered to be filed on the following business day. If a document is filed by email, fax, or the Board's online case management system, and the Board's record indicates that the Board received the document on or before 11:59 p.m. Pacific Time on a business day, then the document is considered to be filed on that business day. Midnight is considered the beginning of the following day. A document filed by any means on a non-business day is considered to be filed on the following business day.(e) Fax filing is considered complete upon receipt of the entire fax transmission by Board. The time of receipt indicated by the Board's fax machine constitutes the time of receipt.(f) Filing by email or the online case management system is considered complete upon receipt of the entire electronic transmission by the Board. The Board's metadata created by the successful transmission of the email or the online case management system filing constitutes the time of receipt.(2)(a) Unless otherwise stated in these rules or directed by the Board or Board Agent, the filing party must serve all documents filed with the Board on the named parties or a representative of record, and the filing party must include proof of service with the filing.(b) If a party to a case is not using the Board's online case management system, the other parties shall serve documents on that party by other means authorized by OAR 115-010-0033(1)(a).(c) When the parties have a simultaneous filing deadline for a post-hearing brief or memorandum in aid of oral argument, the filing party is not responsible for serving the filing on the other parties. Instead, the Board will serve a copy of the post-hearing brief or memorandum in aid of oral argument on the other parties, after the filing deadline has passed. The Board or Board Agent may designate additional documents for filing and service under this provision.Or. Admin. Code § 115-010-0033
ERB 1-2016, f. 11-9-16, cert. ef. 2/1/2017; ERB 5-2021, amend filed 10/26/2021, effective 12/1/2021; ERB 6-2021, minor correction filed 12/01/2021, effective 12/1/2021Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 240 & 243