# 34 C.F.R. § 86.405 (2026): What are the requirements for filing written submissions?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_405

## Section

- **Citation:** 34 C.F.R. § 86.405 (2026)
- **Heading:** What are the requirements for filing written submissions?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 34 CFR: Education / Part 86: DRUG AND ALCOHOL ABUSE PREVENTION / Subpart E: Appeal Procedures / § 86.405: § 86.405   What are the requirements for filing written submissions?

## Text

(a) Any written submission under this subpart must be filed by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages.
(b) If a party files a brief or other document, the party shall serve a copy of the filed material on the other party on the filing date by hand-delivery or by mail. If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.
(c) Any written submission must be accompanied by a statement certifying the date that the filed material was filed and served on the other party.
(d)(1) The filing date for a written submission is the date the document is—
(i) Hand-delivered;
(ii) Mailed; or
(iii) Sent by facsimile transmission.
(2) If a scheduled filing date falls on a Saturday, Sunday, or Federal holiday, the filing deadline is the next Federal business day.
(e) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department.
(f) If a document is filed by facsimile transmission, the Secretary or the designated Department official, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time.
(Authority: 20 U.S.C. 1145g)
[57 FR 56795, Nov. 30, 1992]

## Nearby sections

- [34 C.F.R. § 86.400 (2026) § 86.400   What is the scope of this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_400.md)
- [34 C.F.R. § 86.401 (2026) § 86.401   What are the authority and responsibility of the ALJ?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_401.md)
- [34 C.F.R. § 86.402 (2026) § 86.402   Who may be a party in a hearing under this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_402.md)
- [34 C.F.R. § 86.403 (2026) § 86.403   May a party be represented by counsel?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_403.md)
- [34 C.F.R. § 86.404 (2026) § 86.404   How may a party communicate with an ALJ?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_404.md)
- [34 C.F.R. § 86.405 (2026) § 86.405   What are the requirements for filing written submissions?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_405.md)
- [34 C.F.R. § 86.406 (2026) § 86.406   What must the ALJ do if the parties enter settlement negotiations?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_406.md)
- [34 C.F.R. § 86.407 (2026) § 86.407   What are the procedures for scheduling a hearing?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_407.md)
- [34 C.F.R. § 86.408 (2026) § 86.408   What are the procedures for conducting a pre-hearing conference?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_408.md)
- [34 C.F.R. § 86.409 (2026) § 86.409   What are the procedures for conducting a hearing on the record?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_409.md)
- [34 C.F.R. § 86.410 (2026) § 86.410   What are the procedures for issuance of a decision?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_410.md)
- [34 C.F.R. § 86.411 (2026) § 86.411   What are the procedures for requesting reinstatement of eligibility?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_411.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_405. Check the current official text before relying on it. Not legal advice.
