North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 03 - HEARINGS DIVISION › Section .0500 - ELECTRONIC FILING › Section 03 .0502 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Office of
				Administrative Hearings shall permit documents filed and served in a contested
				case to be filed and served electronically by means of the Electronic Filing
				Service Provider. All attorneys, mediators, and other parties using e-OAH shall
				register to use the system through a link on the OAH website at www.ncoah.com.
				All e-OAH users shall keep current their electronic mail address in e-OAH. When
				all attorneys and unrepresented parties to a contested case are registered in
				e-OAH, all documents filed and served in that contested case shall be filed and
				served electronically by means of the Electronic Filing Service
				Provider.
(b) In contested cases
				filed in e-OAH, registration as an e-OAH user constitutes consent to electronic
				service and receipt of contested case documents, including a notice of hearing
				given by OAH, by means of the Electronic Filing Service Provider.
(c) An e-OAH user shall be responsible for
				the readability of any document filed or served electronically by that user.
				Within five business days of receipt of an unreadable document filed or served
				electronically, the receiving party shall notify the sending party of the
				unreadability of the document.
(d)
				Pleadings and other documents filed or served electronically shall contain the
				electronic signature of the attorney, mediator, or party who prepared the
				document and the preparer's name, mailing address, electronic mail address, and
				telephone number. Documents prepared by an attorney shall have the attorney's
				North Carolina State Bar number. An attorney registered as an e-OAH user in a
				non-Medicaid contested case shall electronically file a notice of appearance in
				that contested case. An attorney's electronic signature to a petition for a
				contested case filed electronically shall be that attorney's notice of
				appearance in that contested case.
(e) Documents filed in e-OAH are filed when
				received by the chief hearings clerk of the Office of Administrative Hearings.
				Upon completion of filing, the clerk shall send the e-OAH user a confirmation
				receipt that includes the date and time of filing which shall be proof of
				filing.
(f) Documents filed
				electronically after 5 pm shall be deemed filed at 8 am the following business
				day.
(g) Documents filed in a
				contested case by an e-OAH user shall be filed electronically by means of the
				Electronic Filing Service Provider, shall be served electronically by means of
				the Electronic Filing Service Provider on all other attorneys or other parties
				registered in e-OAH in that contested case, and shall include a certificate of
				service.
(h) A subpoena issued in a
				contested case by the chief hearings clerk of the Office of Administrative
				Hearings shall be signed electronically by the clerk.
(i) In contested cases filed electronically,
				the applicable filing fee shall be:
(1)
				forwarded by first class mail or overnight express mail contemporaneously with
				the electronic filing;
(2) paid
				personally to the chief hearings clerk of the Office of Administrative Hearings
				within five business days of the filing; or
(3) paid by electronic funds
				transfer.