CFR > Title 34 - Education > SUBTITLE A—Office of the Secretary, Department of Education > PART 81—GENERAL EDUCATION PROVISIONS ACT—ENFORCEMENT > SUBPART A—General Provisions (§81.1 to §81.20) > 81.12—Filing requirements.

81.12—Filing requirements.

(a) Any written submission to an ALJ or the OALJ under this part must be filed by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages.
(b) If a party files a brief or other document with an ALJ or the OALJ, the party shall serve a copy of the filed material on the other party on the filing date by hand-delivery or by mail. If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.
(c) Any written submission to an ALJ or the OALJ must be accompanied by a statement certifying the date that the filed material was filed and served on the other party.
(d) (1) The filing date for a written submission to an ALJ or the OALJ is the date the document is—
(i) Hand-delivered;
(ii) Mailed; or
(iii) Sent by facsimile transmission.
(2) If a scheduled filing date falls on a Saturday, Sunday, or Federal holiday, the filing deadline is the next business day.
(e) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department.
(f) If a document is filed by facsimile transmission, a follow-up hard copy must be filed by hand-delivery or by mail within a reasonable period of time.

Code of Federal Regulations

(Authority: 20 U.S.C. 1221e-3, 1234(f)(1) , and 3474(a))

Code of Federal Regulations

[54 FR 19512, May 5, 1989, as amended at 57 FR 56795, Nov. 30, 1992]