Section 820-1-2-.03 - Filing And Service (Alabama Administrative Code)

§ 820-1-2-.03. Filing And Service

(1) Filing.

(a) Filing is accomplished by delivery of a document to the Secretary, or an employee of his or her office, in person, or by United States Mail, Postage Prepaid, addressed to the Office of the Secretary of State at P.O. Box 5616, Montgomery, Alabama, 36103-5616, or by courier to Room S-105, 600 Dexter Avenue, Montgomery, Alabama, 36104, except that the Secretary or the hearings examiner may permit a document to be filed with them during a hearing. Filing is effective only upon receipt by the Secretary.

(b) Unless directed otherwise in these rules, an original and three (3) copies of all filings, including petitions, applications, prepared testimony and exhibits by anyone in any proceeding, shall be filed in the Secretary's Office as stated in Rule 820-1-2-.04(A)(1), supra, and show service thereof upon each party, by name and address, to the proceeding.

(c) Where the circumstances so dictate, a tentative schedule for all parties will be set for the pre-filing of testimony and exhibits. Such schedules will, however, be subject to change by the Secretary or hearings examiner.

(2) Service: When required. Every order of the Secretary, every report and recommended order of an Administrative Law Judge and every pleading, application, petition, complaint, or other initial filing shall be served by the Secretary upon each of the parties with, where applicable, notice of the time and place for hearing the same.

(3) Service: How made. Service upon a party represented by an attorney shall be made upon the attorney and such service will be deemed service upon a party. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address.

(4) Subsequent Filings. Answers, petitions for hearing, motions, notices and all other documents filed subsequent to the original complaint, application or petition in proceedings pending before the Secretary upon his or her formal docket must, when filed or tendered for filing with the Secretary, show service thereof upon each party, by name and address, to the proceeding.

Author: Charles E. Grainger, Jr.

(New Rule: Filed January 10, 2001; effective February 14, 2001.)

Statutory Authority: Code of Ala. 1975, § 41-22-4.

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