#### § 4.422 Documents; filing and service.

(a) *Grace period for filing.* Whenever a document is required under this subpart to be filed within a certain time and it is not received in the proper office during that time, the delay in filing will be waived if the document is filed not later than 10 days after it was required to be filed and it is determined that the document was transmitted or probably transmitted to the office in which the filing is required before the end of the period in which it was required to be filed. Determinations under this paragraph shall be made by the officer before whom is pending the appeal or contest in connection with which the document is required to be filed. This paragraph does not apply to requests for postponement of hearings under §§ 4.452-1 and 4.452-2.

(b) *Transferees and encumbrancers.* Transferees and encumbrancers of land, the title to which is claimed or is in the process of acquisition under any public land law shall, upon filing notice of the transfer or encumbrance in the proper land office, become entitled to receive and be given the same notice of any contest, appeal, or other proceeding thereafter initiated affecting such interest which is required to be given to a party to the proceeding. Every such notice of a transfer or encumbrance will be noted upon the records of the land office. Thereafter such transferee or encumbrancer must be made a party to any proceedings thereafter initiated adverse to the entry.

(c) *Service of documents.*

(1) A party that files any document under this subpart must serve a copy of it concurrently as follows:

(i) On the appropriate official of the Office of the Solicitor under § 4.413(c) and (d);

(ii) For a notice of appeal and statement of reasons, on each person named in the decision under appeal; and

(iii) For all other documents, on each party to the appeal.

(2) Service on a party known to be represented by counsel or other designated representative must be made on the representative.

(3) Service must be made at the last address of record of the party (if unrepresented) or the representative, unless the party or representative has notified the serving party of a subsequent change of address.

(4) Service may be made as shown in the following table:

| If the document is . . . | Service may be made by . . . |
| --- | --- |
| (i) An appeal under § 4.470 | (A) Personal delivery; |
| | (B) Registered or certified mail, return receipt requested; |
| | (C) Delivery service, delivery receipt requested, if the last address of record is not a post office box; or |
| | (D) Electronic transmission, if the person to be served has previously consented to that means of service in writing. |
| (ii) A complaint under § 4.450-4 or 4.451-2 | (A) Any of the methods specified in paragraph (c)(4)(i) of this paragraph; or |
| | (B) Publication as specified in § 4.450-5. |
| (iii) Neither an appeal nor a complaint | (A) Personal delivery; |
| | (B) Mail; |
| | (C) Delivery service, if the last address of record is not a post office box; or |
| | (D) Electronic transmission, if the person to be served has consented to that means in writing. |

(5) At the conclusion of any document that a party must serve under the regulations in this subpart, the party must sign a written statement that:

(i) Certifies that service has been or will be made in accordance with the applicable rules; and

(ii) Specifies the date and manner of service.

(6) Service that complies with paragraphs (c)(2) through (4) of this section is complete as shown in the following table:

| If service is made by . . . | Service is complete when . . . |
| --- | --- |
| (i) Personal delivery | The document is delivered to the party. |
| (ii) Mail or delivery service | The document is delivered to the party. |
| (iii) Electronic transmission | The document is transmitted to the party, unless the serving party learns that it did not reach the party to be served. |
| (iv) Publication | The final notice is published under § 4.450-5(b)(3). |

(7) In the absence of evidence to the contrary, delivery under paragraph (c)(6)(ii) of this section is deemed to take place 5 business days after the document was sent.

(d) The manager or administrative law judge, as the case may be, may extend the time for filing or serving any document in a contest, other than a notice of appeal under § 4.452-9.

(e) *Electronic transmission of documents.* A document may be electronically transmitted under the terms of the OHA Standing Orders on Electronic Transmission issued by the Director. When done in accordance with the Standing Orders, a document may be:

(1) Filed by electronic transmission; and

(2) Served on or transmitted to a person or party by electronic transmission if that person or party has consented to such means.

[36 FR 7186, Apr. 15, 1971, as amended at 36 FR 15117, Aug. 13, 1971; 68 FR 33803, June 5, 2003; 75 FR 64667, Oct. 20, 2010; 88 FR 5793, Jan. 30, 2023]