Cal. Code Regs. Tit. 8, § 20168 - Provisions for Use of Facsimile Machines and Expedited Service

(a) In lieu of the methods of service provided for above, the Board or any of its agents may serve papers on parties and parties may file papers with the Board or any of its agents and serve them upon other parties by means of facsimile [ "FAX"] machine under the following conditions:

(1) The total length of the document(s) to be filed and/or served at any one time is no more than fifteen (15) pages. This means multiple documents concerned with the same matter -for example, a motion, supporting declarations, points and authorities, and proof of service -are to be considered together in computing the fifteen (15) page limit.

(2) The format and content of the document transmitted shall comply with section 20150 and the specific requirements of any other section of these regulations applicable to the particular matter involved.

(3) Each document so transmitted shall contain the FAX number of the sender and the sender's telephone number.

(4) For a document to be considered received on the day in question, transmission must have begun prior to 4:00 p.m. on that date.

(5) As soon as possible after transmission, but no later than 5:00 p.m. on the next business day, the sending party shall file the original and the required number of copies with the Board and serve copies on each party in the manner provided for in section 20166, and shall provide a proof of service to that effect. Where service is effected by the Board, copies shall be served on each party in the manner provided in section 20164 along with proof of service to that effect.

(b) To the extent possible, all other parties will be served by FAX with any document filed by FAX, and the FAX transmission shall include a proof of service indicating the method of service on each party. For those parties who cannot be served by FAX, some other expedited form -mailgram, telegraph, overnight mail -may be utilized and the FAX proof of service shall so indicate. Parties filing papers who do not have an available FAX machine may file with Board and serve copies on the other parties by one of the expedited methods described above, and shall so indicate on their proof of service.

(c) The unexcused failure to comply with the above conditions shall be grounds for striking or refusing to consider the FAXed document(s) involved.

(d) In order to facilitate prompt processing and consideration of filings, the Executive Secretary may require that certain filings be by facsimile transmission.

Notes

Cal. Code Regs. Tit. 8, § 20168

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151.3, 1151.4(a), 1156.3(a), (c), 1156.7(c), (d), 1160.2, 1160.3 and 1160.5, Labor Code.

1. New section filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Repealer of subsection (a)(1), subsection renumbering, amendment of newly designated subsection (a)(5), and new subsection (d) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).