Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 20 - STATE CORPORATION COMMISSION RULES OF PRACTICE AND PROCEDURE › Part III - Procedure in Formal Proceedings › Section 5VAC5-20-140 - Filing and service

Current through Register Vol. 40, No. 24, July 15, 2024
A pleading or other document shall be considered filed with
					 the commission upon receipt of the original and required copies by the Clerk of
					 the Commission no later than the time established for the closing of business
					 of the clerk's office on the day the item is due. The original and copies shall
					 be stamped by the Clerk to show the time and date of receipt.
Electronic filings may be submitted at any time and will be
					 deemed filed on the date and at the time the electronic document is received by
					 the commission's database; provided, that if a document is received when the
					 clerk's office is not open for public business, the document shall be deemed
					 filed on the next regular business day. A filer will receive an electronic
					 notification identifying the date and time the document was received by the
					 commission's database. An electronic document may be rejected if it is not
					 submitted in compliance with these rules.
When a filing would otherwise be due on a day when the
					 clerk's office is not open for public business during all or part of a business
					 day, the filing will be timely if made on the next regular business day that
					 the office is open to the public. Except as otherwise ordered by the
					 commission, when a period of 15 days or fewer is permitted to make a filing or
					 take other action pursuant to commission rule or order, intervening weekends or
					 holidays shall not be counted in determining the due date.
Service of a pleading, brief, or other document filed with
					 the commission required to be served on the parties to a proceeding or upon the
					 commission staff, shall be effected by delivery of a true copy to the party or
					 staff, or by deposit of a true copy into the United States mail or overnight
					 express mail delivery service properly addressed and postage prepaid, or via
					 hand-delivery, on or before the date of filing. Service on a party may be made
					 by service on the party's counsel. Alternatively, electronic service shall be
					 permitted on parties or staff in cases where all parties and staff have agreed
					 to such service, or where the commission has provided for such service by
					 order. At the foot of a formal pleading, brief, or other document required to
					 be served, the party making service shall append a certificate of counsel of
					 record that copies were mailed or delivered as required. Notices, findings of
					 fact, opinions, decisions, orders, or other documents to be served by the
					 commission may be served by United States mail. However, all writs, processes,
					 and orders of the commission, when acting in conformity with § 12.1-27 of
					 the Code of Virginia, shall be attested by the Clerk of the Commission and
					 served in compliance with § 12.1-19.1 or 12.1-29 of the Code of
					 Virginia.
Statutory Authority
§§ 12.1-13 and 12.1-25 of the Code of Virginia.