Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-27 - Filing by electronic means

Current through Vol. 41, No. 20, July 1, 2024
(a)
General requirements.
Documents may be filed by facsimile or other
				electronic mail transmission ("e-mail") directly to the Clerk of the Office of
				Administrative Hearings. Litigants are encouraged to limit the use of facsimile
				or e-mail filings to those of a time-critical nature only. The e-mail address
				or facsimile number may be obtained from the Clerk. Filing by facsimile or
				e-mail does not relieve a party from providing a copy of the filing to all
				other parties in the case. Filing with the Office of Administrative Hearings
				does not constitute notice to the Oklahoma State Department of Health Office of
				General Counsel or any other party. Submissions received after 5:00 p.m., CST
				or CDT, shall be deemed filed on the next regular business day.
(b)
Use of facsimile
				transmission.
Facsimile transmissions are limited to not more than ten
				(10) pages. A single document may not be split into multiple facsimile
				transmissions to avoid the page limitation. Each facsimile transmission sent
				shall be accompanied by a Facsimile Transmission Cover Sheet. The cover sheet
				shall be the first page transmitted, followed by any special processing
				instructions. A cover sheet is required for each fax and is NOT considered part
				of the ten (10) page limitation. The cover sheet must contain the name, mailing
				address, telephone number and return fax number for the transmitting party.
				Reference must be made to the identity of the case by number and/or names of
				parties. The number of pages being transmitted MUST be on the cover sheet. The
				submission must include a visible hand-written signature on the document to be
				filed.
(c)
Use of electronic
				mail.
Filings by e-mail must be made as an attachment to the e-mail and
				not contained in the body of the e-mail. They must be in an electronic format
				compatible with Microsoft Word or PDF. The name, mailing address, e-mail
				address and telephone number of the person filing must be on the document
				filed. The subject description of the e-mail must include a reference to the
				case by case number. The submission must include a visible hand-written
				signature or the signature line must show a signature in electronic form as
				follows: /s/ First and Last Name. Electronic signatures shall be deemed
				authentic and be considered the signature of the person filing the
				document.
(d)
Other
				considerations.
Filing a document by facsimile or e-mail constitutes
				implied consent for the Office of Administrative Hearings and other parties in
				the case to notify and deliver documents to that party by facsimile or e-mail.
				A party who files by fax or e-mail shall retain the original source document in
				his or her possession or control during the pendency of the action in exactly
				the same format and content as transmitted and shall produce such document upon
				request by the assigned administrative law judge or any party to the action.
				Upon failure to produce the original source document when requested, the
				assigned administrative law judge may refuse to consider the fax or e-mail as a
				properly filed instrument. The quality of the original document transmitted
				shall be clear and dark enough to be transmitted legibly. The Department will
				not be responsible for events that disrupt or render impossible the receipt of
				documents transmitted electronically.
Added at 27 Ok Reg 2496,
				  eff 7-25-10