560 IAC 2-6-1.1 - Electronic filing and service
Authority: IC 20-29-3-11
Affected: IC 4-21.5-3-1; IC 20-29
Sec. 1.1.
(a) This
section shall apply to all board actions and filings. Filings in unfair labor
actions pursuant to
560 IAC
2-3.1 may also be filed by any means permitted by IC
4-21.5-3-1.
(b) An action shall be commenced by filing
electronically in a manner prescribed by the board (e-filing).
(c) Electronic filing of documents is as
follows:
(1) Unless otherwise permitted by
this article, all documents submitted for filing shall be filed electronically
with the board using the electronic filing method prescribed by the
board.
(2) Attorneys, non-attorney
representatives, or unrepresented litigants who wish to be exempted from the
requirement that they file electronically may file a petition for electronic
filing exemption. The petition shall be filed in each pending case to which
these rules are applicable. The petition will be reviewed by the adjudicator
assigned to that case and granted only upon a showing of good cause.
(d) Filers shall print or
otherwise save each submission with an electronic time stamp as proof of
filing. Confirmation of e-filing may also be made by contacting board staff
during business hours.
(e) Unless
otherwise indicated in this article, all service of documents shall be
electronically in a manner prescribed by the board. A party may, but is not
required to, serve parties in addition to electronic service, by any other
method authorized by IC 421.5-3.
(f) All documents electronically filed that
require a signature shall include a person's signature using one (1) of the
following methods:
(1) A graphic image of a
handwritten signature, including an actual signature on a scanned
document.
(2) The indicator "/s/"
followed by the person's name.
(g) A document that is signed and e-filed
shall be subject to the terms and provisions of Indiana Trial Rule 11(A). A
filer may include the signature of other attorneys in documents e-filed with
the board only if such signature is authorized.
(h) A document is considered e-filed with the
board on the date and time reflected on the time stamp associated with the
transmission of the document. E-filing shall be completed before midnight to be
considered filed that day, and compliance with filing deadlines is determined
in accordance with eastern time (ET), the time zone of the principal office of
the board. E-filing under this article shall be available twenty-four (24)
hours a day, except for times of required maintenance, if applicable.
(i) The electronic version of a document
filed with or issued by the board or its agent under this section becomes part
of the official agency record.
(j)
Where an e-filed document does not conform to this article, the adjudicator,
board, or the board's agent may strike the nonconforming document or allow the
party to cure the defect.
(k) When
e-filing is prevented by any circumstance not caused by the filer who was
adversely affected, the filer may bring such circumstances to the attention of
the board or its agent and request relief, or the filer may revert to
conventional filing with an appropriate explanation submitted with the
document, prior to the due date. If it is determined that e-filing was
prevented due to no fault of the filer, the filing shall be deemed to have been
made timely.
(l) Orders issued by
the board or its agent will be issued via electronic means approved by the
board. Parties before the board or its agents shall provide working email
addresses or means of electronic communications consistent with board policy to
facilitate service of orders or other communications. Receipt of an email or
electronic communication shall be presumed upon dispatch.
Notes
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