Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.9 - Hearing Procedures › Rule 37.62.911 - FILING AND PROOF OF SERVICE

Current through Register Vol. 13, July 5, 2024
(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.
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