(1)
Whenever a rule or statute requires or permits a request for hearing, motion,
brief, responsive answer or other document relating to the hearing to be filed
with the department or the CSSD, the place of filing shall be the OALJ. The
location, mailing address, email address, and fax number of the OALJ shall be
provided on the contested case notice and on each order, subsequent notice or
other document mailed by the OALJ to a party. Excluding legal holidays, the
hours for filing papers are between 8:00 a.m. and 5:00 p.m., Monday through
Friday. Any papers presented or delivered after 5:00 p.m. shall be stamped the
next business day. All original papers shall be filed with the OALJ and not the
ALJ.
(2) Facsimile (fax) filings
and electronic filings may be accepted. If the fax or electronic copy is
offered to prove a fact, the fax or electronic copy will be stamped "received"
by the OALJ and the original document must be filed with the OALJ within 5
business days in order to be filed as of the received date of the fax or
electronic copy. The fax or electronic copy and the original document must be
identical, or the filing is void. If the original is not timely filed, the
received fax or electronic copy shall be void except upon a finding of good
cause by the ALJ.
(3) Filing with
the OALJ is effective upon actual receipt at the OALJ and not upon mailing.
Filing with the OALJ does not constitute service on the CSSD and service on the
CSSD does not constitute a filing with the OALJ.
(4) Whenever service of a document is
required by ARM
37.62.917,
an original certificate of service shall be attached to each document filed
under this rule including fax or electronic filings. The copies served on other
parties or entities entitled to service shall also attach certificates of
service. Certificates of service shall be affixed to the document and shall
include the date the document was served, and the name of each party and entity
served.
(5) Failure to provide a
certificate of service does not affect the validity of service provided that
service can be substantiated by other proof, if necessary.
(6) If the document presented for filing was
prepared by an attorney representing a party, the attorney's name, complete
mailing address and telephone number shall appear at the top, left-hand corner
on the document's first page.
Notes
Mont. Admin. r.
37.62.911
NEW, 2000 MAR p. 3547,
Eff. 12/22/00; AMD,
2017
MAR p. 2441, Eff.
12/23/2017; AMD,
2020
MAR p. 966, Eff.
5/30/2020
AUTH:
17-4-105,
40-5-202,
40-5-262,
40-5-272,
40-5-273,
40-5-405,
40-5-713,
40-5-825,
40-5-906,
MCA; IMP:
17-4-105,
40-5-157,
40-5-202,
40-5-208,
40-5-226,
40-5-233,
40-5-261,
40-5-271,
40-5-273,
40-5-414,
40-5-431,
40-5-703,
40-5-710,
40-5-821,
40-5-822,
40-5-823,
40-5-824,
40-5-906,
MCA
