Filing of Documents; Fax or Electronic Filing; Posting Bond

PURPOSE: This rule establishes procedures for filing documents and when they are deemed filed and clarifies the requirement for posting bonds. (1) A party may file a document with the commission by— (A) Hand-delivering the document to the commission. A document filed by handdelivering a physical copy to the commission is deemed filed on the date the commission receives the document; (B) Registered or Certified Mail. A document filed by registered or certified mail, as defined in section 1.020(1), RSMo, is deemed filed on the date shown on the records of the United States Post Office or other common carrier that allows a sender or recipient to electronically track its location and provides record of the signature of the recipient; (C) Electronic Transmission by fax or through an electronic filing system, or its equivalent. 1. A document filed by fax shall follow the procedures set forth in section (2) of this rule. 2. A document filed by electronic filing or its equivalent shall follow the procedures set forth in section (3) of this rule. 3. A document filed by fax or electronic filing is deemed filed at the time the commission receives the fax or electronic filing, except that if a document arrives by fax or electronic filing after 5:00 p.m. and before 12:00 midnight or on a Saturday, Sunday, or legal holiday, it is filed on the commission’s next business day, unless the commission orders otherwise; or (D) Any Other Method. A document filed by any method other than hand-delivery, registered mail, certified mail, fax, or electronic filing is deemed filed on the date the commission receives the document. (2) A party filing by fax shall— (A) Fax the document to the commission’s dedicated fax number, (573) 751-5018; (B) Fax the document, if possible, to all other parties having electronic facsimile equipment. If unable to fax, a party shall Where Procedure Is Otherwise Provided For By Law notify all other parties of its intention to file the document by fax. The notice need not be in writing. A good faith attempt at compliance shall satisfy the requirements of this subsection; (C) If the commission so orders, send the original signed document to the commission; (D) Certify in the documents the method of notice used to fulfill the requirements of subsection (2)(B) of this rule; and (E) Send a copy of the document to all parties as provided in 1 CSR 15-3.270. The commission may order the party to send a copy of the document to any party by overnight mail. (3) A party filing by electronic filing shall— (A) Transmit the document via the commission’s dedicated electronic filing system accessible through the commission website; (B) E-mail the document, if possible, to all other parties having e-mail capability. If unable to e-mail, a party shall notify all other parties of its intention to file the document by electronic filing. The notice need not be in writing. A good faith attempt at compliance shall satisfy the requirements of this subsection; (C) If the commission so orders, send the original signed document to the commission; (D) Certify in the documents the method of notice used to fulfill the requirements of subsection (3)(B) of this rule; (E) Send a copy of the document to all parties as provided in 1 CSR 15-3.270. The commission may order the party to send a copy of the document to any party by overnight mail; and (F) E-mail filing outside the commission’s electronic filing system is not permitted, except for cases filed under section 162.961, RSMo, Individuals with Disabilities Education Act (IDEA) or as otherwise permitted in writing by the commission. (4) The provisions of 1 CSR 15-3.350 relating to filing multiple copies of the complaint shall not apply to filings made by fax or electronic filing, unless otherwise required by the commission. (5) A facsimile or electronic signature shall have the same effect as an original signature. See section 432.230, RSMo. (6) The commission prefers that any document in excess of fifty (50) pages be filed by electronic filing. (7) All pleadings and other papers, except exhibits, filed with the commission shall be printed on or formatted to eight and one half by eleven inch (8 1⁄2 x 11") paper and printed on one (1) side only. (8) Bonds. A bond is posted when the commission receives the original bond, unless the commission orders otherwise. AUTHORITY: sections 621.035 and 621.198, RSMo 2016.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. Amended: Filed Jan. 11, 2001, effective July 30, 2001. Amended: Filed June 1, 2005, effective Nov. 30, 2005. Amended: Filed Aug. 30, 2010, effective Feb. 28, 2011. Amended: Filed Sept. 29, 2016, effective March 30, 2017. *Original authority: 621.035, RSMo 1978 and 621.198, RSMo 1965, amended 1978, 2001.