Section 1001.90 Form of Papers - Original Documents Required

Section 1001

Section 1001.90  Form of

Papers − Original Documents Required

a)         Form of Papers.  All papers filed in any proceeding shall be

clearly written or typewritten.  They shall contain a caption showing the title

of the proceeding with a case number.  All papers must be signed or verified by

the party filing the papers or his/her authorized representative or attorney,

and shall contain his or her address, telephone number, website and electronic

mail address, if available.  An original and one copy shall be filed by each

party

, except as provided in subsection (b)

.

b)         Original

Documents Required.  In regard to documents that are submitted pursuant to the

requirements of Subpart D and that have not been previously submitted to the

Department, the Department will accept, or admit into evidence, only the

original document, except as specified in this subsection.  By original

document is meant a document that bears the original signature of the

petitioner and/or author of the document, as applicable.

1)         Uniform Reports; Original Required.  The

requirement of the submission of an original document that must also be

submitted to a court of venue can be met in one of two ways:

A)        Service

providers can print multiple "originals", all of which are signed and

dated by the provider and the petitioner; or

B)        The

provider can make a photocopy of the original and the provider and petitioner

can sign and date (or re-sign and re-date a second time) both the original and

the copy.

2)         Update Evaluations; Original Required.  The

first time that an update evaluation is submitted to the Secretary of State, it

must be submitted as an original document.  See Sections 1001.410 and .440(a)(6).

At subsequent submissions of the same document, such as when renewing a

restricted driving permit at an informal hearing, the petitioner may submit a

copy of the update evaluation.

3)         Treatment Verification; Original Required

first time that an update evaluation is submitted to the Secretary of State, it

must be submitted as an original document.  See Sections 1001.410 and .440(a)(6).

At subsequent submissions of the same document, such as when renewing a

restricted driving permit at an informal hearing, the petitioner may submit a

copy of the update evaluation.

3)         Treatment Verification; Original Required.  The

rules of the Secretary of State require petitioners to submit proof of the

successful completion of alcohol or drug related treatment in a "narrative

summary" or a similar report that shall provide the information listed at Section

1001.440(m)(1).  The Department has composed, published, and distributed a "Treatment

Verification Form", which it prefers and strongly encourages that

treatment providers use and replicate for this purpose.  The first time that

this document, or a narrative summary composed on a treatment provider's

letterhead, is submitted, it must be submitted to the Secretary of State as an

original.

A)        As

specified in Section 1001.440(m)(2), the Department will accept a copy of the

petitioner's Individualized Treatment Plan and Discharge Summary.

B)        As specified in Section 1001.440(m)(3), the

Department will accept a copy of the Continuing Care Plan.  The other

Continuing Care documents that must be submitted to the Secretary of State

(periodic status reports and the final summary report, or the waiver of

continuing care) must be submitted as originals, on the provider's letterhead stationery.

4)

Driver Risk

Education; Original Not Required.  The Department will accept a copy of the

form used by service providers to record and verify successful completion of a

Driver Risk Education course.  See Section 1001.440(a).

5)         Exceptions;

Verification Form Allowed

mmary report, or the waiver of

continuing care) must be submitted as originals, on the provider's letterhead stationery.

4)

Driver Risk

Education; Original Not Required.  The Department will accept a copy of the

form used by service providers to record and verify successful completion of a

Driver Risk Education course.  See Section 1001.440(a).

5)         Exceptions;

Verification Form Allowed.  Exceptions to the requirement that the original

document be submitted will be considered only if the petitioner is able to

demonstrate that the original document is no longer available from the agency

that composed the document.  In these cases, the petitioner must submit a

"Verification Form" that the Department has composed, published and

distributed to service providers.  On the Verification form the service

provider shall verify that the copy of the document is a true and

correct/identical copy of the original or of the document that was received

from another agency and is contained in its file, and/or inform the Secretary

of State of the reason that the original of a document is not available.

6)         Other Documents; Original Preferred.

All

other documents that are composed or created solely for the purpose of being

submitted to the Secretary of State at a formal or informal hearing should be

submitted as originals.  (For example:  the Secretary of State medical report

forms; reports/evaluations from psychiatrists, clinical psychologists, or other

counselors; letters from probation officers or physicians; letters of

reference; verification of employment.

7)         Documents

Sent by Facsimile or Electronic Transmission.  Documents recited in this

Section 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.  Leave to submit the originals will be granted within no more than

14 calendar days after the hearing

Facsimile or Electronic Transmission.  Documents recited in this

Section 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.  Leave to submit the originals will be granted within no more than

14 calendar days after the hearing.  The presiding hearing officer will

determine the specific number of days within which the petitioner is allowed to

submit the original, based upon the circumstances of each individual case.

8)         The failure of the petitioner to submit an original document as

required in this Section shall not, in and of itself, constitute, under any

circumstance, the sole basis of denying driving relief.