Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 17 - TIME, COMPUTATION AND EXTENSION › Section 51-17-2 - Methods of filing; service

Current through Register Vol. 43, No. 28, July 11, 2024
On and after November 30, 2018, each party represented by legal
						counsel shall file workers compensation case documents through the electronic
						filing (E-filing) system of the division of workers compensation (division) in
						the Kansas department of labor, as specified in   K.A.R. 51-1-26. Any party not
						represented by legal counsel may file using the division's electronic filing
						system. If a party not represented by legal counsel chooses not to use the
						division's electronic filing system, the party shall file by facsimile, by
						mail, or by hand-delivery directly to the division and shall serve a copy of
						each document on the parties.
(a)
					Definitions. Each of the following terms as used in this regulation, unless the
					context requires otherwise, shall have the meaning specified in this
					subsection:
(1) "Document" shall include not
					more than one pleading and corresponding exhibits.
(2) "Facsimile filing" and "filing by fax"
					mean the facsimile transmission of a document to the division for filing with
					the division.
(3) "Facsimile
					machine" means a machine that can send a facsimile transmission.
(4) "Facsimile transmission" means the
					transmission of a copy of a document by a system that encodes a document into
					electronic signals, transmits the signals over a telephone line or other
					communications medium, and reconstructs the signals to print a duplicate of the
					document at the receiving end.
(5)
					"Fax" is an abbreviation for "facsimile" and means, as indicated by the
					context, the facsimile transmission or document so transmitted.
(6) "Filing" means the act of submitting a
					document to the division for the division's consideration and action. A
					document is filed by delivering it to the division by one of the means
					specified in this regulation.
(7)
					"Filing by hand-delivery" means submitting a document to the division by
					delivery in person to the division. Proof of filing by hand-delivery is
					established by retention of a copy of the hand-delivered document that has been
					date-stamped by an employee of the division at the time of the
					hand-delivery.
(8) "Filing by mail"
					means submitting a document to the division through the United States postal
					service, or other service or system by which letters and parcels are collected
					and delivered for a fee, addressed to an office of the division of workers
					compensation. Filing by mail is complete upon receipt by the
					division.
(9) "Serve" means to
					deliver a document, or copy thereof, by a party in a legal action or proceeding
					in which the party is involved, to another person, entity or party,
					electronically, by fax, by mail, or by hand-delivery.
(10) "Service by fax" means the transmission
					of a document by facsimile machine. Service by fax shall be complete upon
					generation of a transmission record by the transmitting machine indicating the
					successful transmission of the entire document. Service that occurs after
					midnight, central standard time, shall be deemed to have occurred on the next
					day.
(11) "Service by
					hand-delivery" means the delivery in person of a document to the party upon
					whom service is required or, if the party is a nonperson entity, by handing the
					document to a person in charge or person designated for this purpose at an
					office of the party.
(12) "Service
					by mail" means the delivery of a document by United States postal service, or
					other service or system by which letters and parcels are collected and
					delivered for a fee, addressed to the party's last known address. Service by
					mail shall be presumed if a person fills out and signs a written certificate of
					service.
(13) "Transmission record"
					means the document printed by the sending facsimile machine stating the
					telephone number of the receiving machine, the number of pages sent, the
					transmission time, and an indication of any errors in transmission.