Or. Admin. R. 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.
Notes
Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 240 & 243
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