MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES OF PRACTICE AND PROCEDURE - FILING AND SERVICE BY E-MAIL; OTHER ELECTRONIC SUBMISSIONS


Published: 2016-04-29

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2841 FILING AND SERVICE BY E-MAIL; OTHER ELECTRONIC SUBMISSIONS

2841.1 This section permits any party to file papers by e-mail with OAH and the Government to file data electronically. It also permits OAH to serve orders and notices by e-mail.

2841.2 The filing of any paper by e-mail following the procedures set forth in this section constitutes filing for all purposes under these Rules.

2841.3 All papers to be filed by e-mail should be in portable document format (PDF). The papers should be attached to an e-mail, and not contained in the body of the e-mail itself.

2841.4 No party may file by email a motion, brief, or memorandum exceeding forty (40) pages, including attachments. No party may file exhibits exceeding forty (40) pages by one or more emails. OAH may reject any email filings that do not conform to this subsection.

2841.5 A party filing any paper by e-mail is responsible for any delay, disruption, interruption of electronic signals, legibility and completeness of the paper, and accepts the risk that the paper may not be filed.

2841.6 Pursuant to Section 2810, every paper filed by e-mail must contain:

(a) The name, mailing address, telephone number, and e-mail address of the person filing it;

(b) The case number assigned by OAH, or a statement that a case number has not yet been assigned;

(c) A brief description of the paper (for example, “request for hearing in a Medicaid matter,” “motion for new hearing date for an unemployment hearing,” “exhibits/documents for hearing in rental housing case”); and

d) A filing that does not contain this information is subject to rejection. A cover page that can be used to satisfy this requirement is available from the Clerk’s Office. The brief description of the paper also should be placed in the “subject” line of the e-mail.

2841.7 Every filing made by email must contain a signature, which can be either a signature image or a conformed signature. No party or party’s representative may file any paper with a conformed signature unless that party or representative has previously filed a paper with an original signature or signature image in the same case. A paper filed by email by an unrepresented party, that does not contain a signature as required by this subsection, shall not be rejected on that basis alone.

2841.8 Once an original signature or signature image is on file in a case, any subsequently filed paper in that case with a conformed signature shall be treated as having an original signature for all purposes.

2841.9 Filings must be e-mailed to oah.filing@dc.gov.

2841.10 The filing date for an e-mail filing received between 9:00 a.m. and 5:00 p.m. on any OAH business day will be the date it is received in the correct OAH electronic mailbox. The filing date for an e-mail filing received at other times will be the next day that the Clerk’s Office is open for business. The date and time recorded in the correct OAH electronic mailbox shall be conclusive proof of when it was received.

2841.11 The certification requirement of Section 2814 applies to all papers filed by e-mail.

2841.12 A party must send a copy of anything filed by e-mail (except a request for a hearing that begins a case) to all other parties, and must include a certificate of service as required by Subsection 2811.9. A party may not send the copy by e-mail unless the other party consents, pursuant to Section 2811.

2841.13 The five (5) additional days added to the response times by Subsection 2812.5 does not apply to orders, notices, or papers served by e-mail, even if they are also served by other means.

2841.14 Unless otherwise ordered, a party who files or serves any paper by e-mail shall keep the original until after the case is concluded and the time for any appeals has expired. The party shall make the originals available for inspection upon request of another party after prior reasonable notice filed with OAH. This section does not limit the authority of an Administrative Law Judge to order production of the original.

2841.15 Parties agreeing to service by e-mail are responsible for monitoring their e-mail accounts and for opening the e-mails.

2841.16 The Clerk may serve orders and notices by e-mail to any party who provides an email address and consents, in writing or on the record, to receiving papers by e-mail. The party is responsible for ensuring that the Clerk has an accurate, up-to-date e-mail address. In an emergency, without a party’s advance consent, the Clerk may serve orders and notices by e-mail in addition to any other authorized method of service.

2841.17 If the Government seeks to begin a case at OAH by filing a Notice of Infraction or a Notice of Violation pursuant to Section 2803, the Government may transfer to OAH data from the Notice of Infraction or the Notice of Violation by electronic means, pursuant to prior technical arrangements with OAH. Such electronic transfer by itself neither begins a case nor satisfies the Government’s obligations under Section 2803. The Government shall file the Notice of Infraction or Notice of Violation and its attachments, substantially in the form provided to the Respondent, as well as the proof of service.

SOURCE: Final Rulemaking published at 58 DCR 10327, 10328 (December 9, 2011); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).