Section 176.1060 Form of Documents Filed - Original Documents Required

Section 176.1060  Form of Documents Filed − Original

Documents Required

a)         Form

of Papers

1)         All

papers filed in any proceeding must:

A)        be

clearly written or typewritten;

B)        contain

a caption showing the title of the proceeding with a case number:

C)        be

signed or verified by the party filing the papers or that party's authorized

representative or attorney; and

D)        contain

the party's address, telephone number, website, and email address, if

available.

2)         An

original and one copy shall be filed by each party, except as provided in

subsection (b).

b)         Original

Documents Required.  If a document submitted under this Part has not been

previously submitted to the Department of Administrative Hearings, only the

original document will be accepted or admitted into evidence.  "Original

document" means bearing the original signature of the petitioner or author

of the document, as applicable.  Documents that are composed or created solely to

submit to the Secretary of State at a formal hearing must be submitted as

originals.

c)         Documents

Sent by Facsimile or Electronic Transmission.  Documents that must be submitted

as an original but are instead sent by facsimile or electronic transmission

will be accepted at the time of the hearing.  However, the originals of the

documents must be submitted at a later date.  The hearing officer will grant

leave to submit the originals within not more than 14 calendar days after the

hearing.  The hearing officer will determine the specific number of days within

which the petitioner is allowed to submit the original, based on the individual

circumstances of each case.

d)         Failure

to Submit.  The petitioner's failure to submit an original document as required

in this Section will not in and of itself constitute, under any circumstance,

the sole basis for denying relief.