Presumption of filing

A facsimile filer shall cause the transmitting facsimile machine to print a transmission record of each filing by fax. If the facsimile filing is not filed with the state agency because of an error in the transmission of the document to the state agency which was unknown to the facsimile filer or a failure to process the facsimile filing when received by the state agency, the facsimile filer may request that the state agency consider the document to be filed on the date transmitted. The request to the state agency must be accompanied by a sworn statement and a proof of transmission in substantially the following form: At the time of transmission I was at least 18 years of age. On (date) _______________ at (time) ________________ I transmitted to the (state agency) _____________________ the following document (name) ______________________ by facsimile machine, pursuant to North Dakota Administrative Code Chapter 72-05-01. The state agency's fax telephone number that I used was (fax telephone number) ____________________. The facsimile machine I used complied with the administrative rules and no error was reported by the machine. Pursuant to North Dakota Administrative Code Section 72-05-01-07, I caused the machine to print a transmission record of the transmission, a copy of which is attached to this declaration. I declare under the pains and penalties of perjury under the laws of the State of North Dakota that the foregoing statement is true and correct. _________________________ Subscribed and sworn to before me this ______ day of ______________. _________________________ Notary Public My Commission Expires ____________________.