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24.9.314    DOCUMENT FORMAL FILING AND SERVICE

(1) All documents, pleadings, and papers to be filed shall be eight and one-half inches by eleven inches (8½" x 11) in size. Papers must be double-spaced, clearly legible and submitted on calendared bond paper in accordance with the format for papers used in district court. Exhibits or other documents shall be reproduced in like size unless the original exhibit is required. A hearing examiner may require the reproduction of an oversized demonstrative or other exhibit in a size appropriate for the record.

(2) The place of filing is the offices of the Hearings Bureau, Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728.

(3) Filing with the commission is effective upon actual receipt at the offices of the department and not upon mailing.

(4) Parties shall submit the original or original copy and one copy of all submissions for the record until entry of the proposed order, unless otherwise directed by the commission or its hearing examiner. After a proposed order has been entered, parties shall submit the original or original copy and six copies of all submissions unless otherwise directed by the commission.

(5) Copies of all submissions filed must be served upon all parties of record, including intervenors or other parties allowed to appear for special purposes, and all submissions must contain or be accompanied by a certificate of service showing proof of the method of service and the date upon which such service was made. Service of copies of submissions upon parties shall be made in accordance with the Montana Rules of Civil Procedure and may be made by means of first class mail, postage prepaid, unless the hearing examiner designates another manner of service.

(6) The hearing examiner may accept telephonic or oral filings of motions or requests for procedural relief, subject to recording by means of minute entry, note or the subsequent filing of a true and accurate recording of such matters, upon fair and timely notice to all parties of record.

(7) Filing of a facsimile copy of a document of no more than 20 pages, which is an exact duplicate of the original, shall meet the filing requirements of these rules only if the facsimile copy is followed within five days by filing of the original or original copy of the document and required copies.

History: 49-2-204 and 49-3-106, MCA; IMP, 2-4-106, 49-2-505, and 49-3-308, MCA; NEW, 1988 MAR p. 1194, Eff. 6/10/88; AMD, 1991 MAR p. 308, Eff. 3/15/91; AMD, 1993 MAR p. 298, Eff. 2/26/93; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

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