126.03.10 Ark. Code R. § 001 - Electronic Filing Rules
Current through Register Vol. 2021, No. 11, November, 2021
REVISIONS TO THE CURRENT RULES OF PRACTICE AND PROCEDURE TO IMPLEMENT ELECTRONIC FILING
Process issued by the Commission, as well as notices, complaints, Rules, orders, and regulations of the Commission, may be served by any person authorized to serve process issued out of courts of law, by mail, by facsimile, by commercial delivery service, by electronic mail, or other method as directed by the Commission. Where service is by mail, a duplicate of the instrument served shall be enclosed, upon which duplicate the Person served shall endorse the date of receipt of the original and promptly return the duplicate to the Commission. Where service is by electronic mail, the Secretary shall request a read receipt or similar process to indicate reception of the electronic mail and shall preserve the receipt until the Docket is closed. The recipient shall have the duty to acknowledge receipt of the electronic mail.
In computing the time within which an act must be performed or a response made, the day of the act from which the designated period of time begins to run shall not be included and the last day shall be included unless it is a Saturday, Sunday, Legal Holiday, or other day in which the Commission's office is closed, in which event the period shall extend to the next business day. If service to a Party is by mail, three (3) business days shall be added to the time allowed for that Party for response to, or compliance with, any pleading or order.
[THE FOLLOWING ARE NEW RULES TO BE ADDED TO SECTION 2 OF THE CURRENTLY-EFFECTIVE RULES OF PRACTICE AND PROCEDURE]
All filings shall be made with the Secretary and shall be by one of the following means:
Electronic filing is the Commission's preferred filing method. All Persons filing documents with the Commission are encouraged to file electronically to the greatest extent possible.
Unredacted documents which contain materials subject to a protective order shall not be filed electronically, but rather submitted in person or by mail with the Secretary.
Electronic filings may be downloaded to the Commission's electronic filing system at any time. All other filings (in person or by mail) shall be made during the Commission's normal business hours. The Commission's normal business hours are posted on its website. Any electronic filing received after normal business hours but before midnight or received on a non-business day shall be deemed filed and served on Persons on the Official Service List with electronic mail on the next business day. Any electronic filing received between midnight and the beginning of normal business hours on a business day shall be deemed filed and served on Persons on the Official Service List with electronic mail on that business day. If the Commission offices are closed at the time of a filing deadline, the time for complying with the filing deadline shall be extended to the same filing deadline time on the next business day.
Once a document is filed electronically, corrections to the filing may only be made by the Secretary. The Commission's electronic filing system shall not permit the filing party to make changes to the document(s) or filing information once the transaction has been submitted. If a filing error is made, the filing party shall contact the Secretary as soon as possible with the correct document(s) or filing information, as appropriate.
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