(A) The board's preferred method of filing is through its electronic filing system.
(B) All submissions to the board shall include the name, address, telephone number, and email address of the person filing the document, along with the case caption, case number, and document title. Any request for the board to take action shall be separately submitted.
(C) To protect legitimate personal privacy interests, social security numbers and other personal identifying information, e.g., financial account numbers, shall be redacted from documents before the documents are submitted to the board. The responsibility for redacting personal identifying information rests solely with the individuals, officials, or tribunals who file the documents. If personal identifying information has been redacted from a document but is necessary for the board's determination of the appeal, the board may order, upon motion or sua sponte, that an un-redacted copy of the document be provided.
(1) "Electronic filing system" means the system made available by the board to receive, process, and store data associated with appeals.
(2) "Submit" means to send to the board through the electronic filing system for filing.
(3) "File" means to be accepted by the board, following submission and board review, for filing.
(4) "Board review" means a preliminary review by the board or its staff of submissions to ensure their accuracy and compliance with these rules. If submissions are found to be in compliance, the board will accept them for filing. If submissions are found not to be in compliance or to contain errors, the submission will not be accepted for filing and the board shall notify the filer of the deficiency or problem with the submission.
(5) "Registered user" means a person holding a user name and password granted through the board's electronic filing system.
(6) "Technical failure" means the electronic filing system is unable to accept submissions continuously or intermittently over the course of any period of time greater than one hour after 10:00 A.M. that day.
(E) Electronic Filing
(1) All attorneys seeking to file documents with the board shall register as users of the electronic filing system. All attorneys shall submit filings through the electronic filing system. Notices of appeal to the board may be filed in accordance with the applicable statute.
(2) Documents may be submitted through the board's electronic filing system twenty-four hours a day, seven days a week. Documents may be deemed filed twenty-four hours a day on business days, excluding Saturdays, Sundays, and legal holidays, as specified below.
(a) If the submission is accepted for filing after board review, it is deemed to be filed at the time and date of submission, as specified on the timestamp provided by the board's electronic filing system, unless the document was submitted after 11:59 P.M. on a Friday or after 11:59 P.M. on a business day before a legal holiday. In that case, the submission will be deemed filed on the following business day at 12:01 A.M.
(b) If the submission is rejected for filing after board review, the document shall not be accepted for filing at that time and the filer may re-submit the document to correct the deficiency or problem.
(3) In the rare event that there is a technical failure that originates with the electronic filing system, i.e., not a technical issue on the filer's end such as phone line problems, problems with the filer's internet service provider, or hardware or software problems, whether the failure is anticipated or unexpected, the following provisions shall apply whenever the electronic filing system is unavailable for longer than one hour after 10:00 A.M. on a given day:
(a) If the system outage is known and/or anticipated ahead of time, the board shall post a message to its website and the electronic filing website, alerting filers of a possible system outage. Said message shall constitute an official acknowledgment of a system outage that may prevent some filers from submitting their filings within a certain time frame.
(b) If the system outage is unexpected, the board shall post a message on its website upon discovery of the system outage and once the outage has been resolved. Said message shall constitute an official acknowledgment of a system outage that may have prevented some filers from submitting their filings within a certain time frame, as identified in the message. All reasonable efforts shall be made to post such a message within twenty-four hours of a resolved system outage or no later than 12:00 P.M. on the next business day after an unexpected system outage.
(c) Filers who are unable to electronically submit their filings due to a system outage, and who then submit their filings no later than the next business day after an officially acknowledged system outage, shall be deemed to have timely submitted their filings.
(F) Non-electronic filing
(1) Documents submitted in person: If a filer presents a document in person at the board's offices for filing in hard copy/paper format, and that person is not a registered user of the electronic filing system, the filer shall be directed to a computer at the board's office for registration purposes. Once the filer is a registered user of the electronic filing system, his/her document(s) will be submitted through the electronic filing system. The filing date of any document submitted in person shall be the date received in the board's offices during its business hours.
(2) Documents received by mail: If the board receives via mail, e-mail, facsimile, delivery service, or courier, documents to be filed, the board's staff will first register the filer as a user in the electronic filing system, noting that the party will not receive electronic notification. However, in the event the filer has provided an e-mail address for himself/herself, the filer will receive electronic notification. The board's staff will then scan in and upload the submitted document(s) on the filer's behalf.
(a) Notices of appeal submitted by certified mail or authorized delivery service shall be deemed filed on the date of the United States postmark placed on the sender's receipt by the postal service or the date of receipt recorded by the authorized delivery service.
(b) Documents submitted by means other than in person, by certified mail, by authorized delivery service, or through the board's electronic filing system, shall be deemed filed on the date the document is received in the board's offices during its business hours.
(3) If an attorney submits a document for filing, other than through the electronic filing system, the document(s) will be returned to the filer with instructions on how to register as a user of the electronic filing system and how to submit documents electronically. However, the board will accept and process notices of appeal to the board.
(G) Only documents filed with the board constitute public records.
(H) Documents shall be filed under seal only with prior board order.
Five Year Review (FYR) Dates: 01/19/2021
Promulgated Under: 111.15
Statutory Authority: 5703.02
Rule Amplifies: 5703.02
Prior Effective Dates: 3/24/1998, 3/1/1996, 1/14/2005, 11/9/2007, 10/9/2013