NDAC 98-02-02-03
Service and filing
Cite as N.D. Admin. Code ยง 98-02-02-03
All pleadings, notices, written motions, requests, petitions, and briefs relating to a proceeding must
be served on all parties and filed with the agency. When a proceeding has been assigned to a hearing
officer outside the agency, the agency shall inform the parties of the designated hearing officer's name
and address, and filing must be with the designated hearing officer at the address of the hearing officer.
Unless otherwise provided by law, filing is complete upon actual receipt by the agency or the hearing
officer, if one outside the agency has been designated, or upon mailing, unless the agency or hearing
officer requires actual receipt by a time certain. The date of service is the day when the document is
deposited in the United States mail or is delivered in person, the day of facsimile or e-mail
transmission, or the date of publication if service by publication is allowed or required, except that the
date of service of a document served by certified mail is the date of its delivery, or of its attempted
delivery, if refused. When a party has appeared by an attorney or an authorized representative, service
must be upon the attorney or the duly authorized representative, unless service upon the party is
ordered by the hearing officer. The serving party must be prepared to furnish satisfactory proof of
service.