On and after November 30, 2018, each party represented by legal
counsel shall file workers compensation case documents through the electronic
filing (E-filing) system of the division of workers compensation (division) in
the Kansas department of labor, as specified in K.A.R. 51-1-26. Any party not
represented by legal counsel may file using the division's electronic filing
system. If a party not represented by legal counsel chooses not to use the
division's electronic filing system, the party shall file by facsimile, by
mail, or by hand-delivery directly to the division and shall serve a copy of
each document on the parties.
(a)
Definitions. Each of the following terms as used in this regulation, unless the
context requires otherwise, shall have the meaning specified in this
subsection:
(1) "Document" shall include not
more than one pleading and corresponding exhibits.
(2) "Facsimile filing" and "filing by fax"
mean the facsimile transmission of a document to the division for filing with
the division.
(3) "Facsimile
machine" means a machine that can send a facsimile transmission.
(4) "Facsimile transmission" means the
transmission of a copy of a document by a system that encodes a document into
electronic signals, transmits the signals over a telephone line or other
communications medium, and reconstructs the signals to print a duplicate of the
document at the receiving end.
(5)
"Fax" is an abbreviation for "facsimile" and means, as indicated by the
context, the facsimile transmission or document so transmitted.
(6) "Filing" means the act of submitting a
document to the division for the division's consideration and action. A
document is filed by delivering it to the division by one of the means
specified in this regulation.
(7)
"Filing by hand-delivery" means submitting a document to the division by
delivery in person to the division. Proof of filing by hand-delivery is
established by retention of a copy of the hand-delivered document that has been
date-stamped by an employee of the division at the time of the
hand-delivery.
(8) "Filing by mail"
means submitting a document to the division through the United States postal
service, or other service or system by which letters and parcels are collected
and delivered for a fee, addressed to an office of the division of workers
compensation. Filing by mail is complete upon receipt by the
division.
(9) "Serve" means to
deliver a document, or copy thereof, by a party in a legal action or proceeding
in which the party is involved, to another person, entity or party,
electronically, by fax, by mail, or by hand-delivery.
(10) "Service by fax" means the transmission
of a document by facsimile machine. Service by fax shall be complete upon
generation of a transmission record by the transmitting machine indicating the
successful transmission of the entire document. Service that occurs after
midnight, central standard time, shall be deemed to have occurred on the next
day.
(11) "Service by
hand-delivery" means the delivery in person of a document to the party upon
whom service is required or, if the party is a nonperson entity, by handing the
document to a person in charge or person designated for this purpose at an
office of the party.
(12) "Service
by mail" means the delivery of a document by United States postal service, or
other service or system by which letters and parcels are collected and
delivered for a fee, addressed to the party's last known address. Service by
mail shall be presumed if a person fills out and signs a written certificate of
service.
(13) "Transmission record"
means the document printed by the sending facsimile machine stating the
telephone number of the receiving machine, the number of pages sent, the
transmission time, and an indication of any errors in transmission.
(b) Form of documents.
(1) The document placed in the transmitting
fax machine shall comply with all applicable requirements on the form, format,
and signature of papers.
(2) The
first page of each document filed by fax shall include the words "by fax." Each
page shall be numbered and shall include an abbreviated caption of the case and
an abbreviated title of the document. The party shall also include the party's
name, address, telephone number, and fax number on the document.
(c) Methods of filing by a party
not represented by legal counsel.
(1) If a
party not represented by legal counsel chooses not to use the division's
electronic filing system, the party may file by fax directly to the division of
workers compensation, at the facsimile numbers authorized, or by mail or
hand-delivery to the division.
(2)
The division's facsimile machine shall be available on a 24-hour basis. This
provision shall not prevent the division from sending documents by fax or
providing for normal repair and maintenance of the fax machine. Facsimile
filings received in the division shall be deemed filed at the time printed by
the division facsimile machine on the final page of the facsimile document
received.
(3) Each facsimile
document filed shall be accompanied by the facsimile transmission cover sheet,
which shall contain the date, the docket number, case caption, party name,
address, telephone and fax numbers, and the name of the document. The cover
sheet shall be the first page transmitted.
(4) Each party filing by fax shall cause the
transmitting facsimile machine to print a transmission record of each filing by
fax. If the facsimile filing is not filed with the division due to an error in
the transmission of the document the occurrence of which was unknown to the
sender, any other failure not within the sender's control, or a failure to
process the facsimile filing when received by the division, the sender may move
the administrative law judge or the workers compensation board for an order to
accept the timely filing of the document. The motion shall be accompanied by
the transmission record, a copy of the document transmitted, and an affidavit
of transmission by fax as set forth in a form specified by the
director.
(5) Filing of documents
by mail, properly addressed with postage or delivery fees paid, or by
hand-delivery to the division's office in Topeka, Kansas shall be complete upon
receipt by the division.
(d) Possession of documents. Each party not
represented by legal counsel who files by fax shall retain the original
document in the party's possession or control during the pendency of the action
and shall produce this document upon request by the division, administrative
law judge, workers compensation board, or any party to the action. Upon failure
to produce the document, the fax may be stricken, and the party may be subject
to sanctions under K.S.A. 44-5,120(d)(20), and amendments thereto.
(e) Signatures. Each signature reproduced by
facsimile transmission shall be considered an original signature.
(f) Service by the division by electronic
transmission and by mail.
The division shall serve documents and notices
requiring service electronically upon any party represented by legal counsel
and upon any party not represented by legal counsel who has elected to use the
division's electronic filing system. Documents and notices requiring service
shall be served by mail on a party not represented by legal counsel who has not
elected to use the division's electronic filing system.
(g) Certificates of service.
(1) Each electronically filed document shall
include a certificate of service if service is required. Each certificate of
service by electronic transmission shall include the following:
(A) The date of electronic
transmission;
(B) a statement that
the service was made by electronic transmission;
(C) the name and electronic-mail address of
each party served; and
(D) the
signature of the person serving the document by electronic
transmission.
(2) Each
certificate of service by fax shall include the following:
(A) The date of transmission;
(B) the name and facsimile machine telephone
number of each party served;
(C) a
statement that the document was served by facsimile transmission and that the
transmission was reported as complete and without error; and
(D) the signature of the person serving the
document by facsimile transmission.
(3) Each certificate of service by mail shall
include the following:
(A) The date of
mailing;
(B) the name and mailing
address of each party served;
(C) a
statement that the document was served by depositing it in the mail;
and
(D) the signature of the person
serving the document by mail.