Section 8 AAC 57.040 - Filing and service of documents(a) Filing is the procedure whereby a party submits a document to the commission for the commission's consideration in an appeal or petition for review. Each document a party files with the commission must be(1) signed and dated by the party or the party's attorney filing the document; and(2) hand-delivered or sent by first-class United States mail, facsimile transmission, or electronic mail as provided in 8 AAC 57.050 or this section.(b) Service is the procedure whereby a party provides a copy of a document filed with the commission to another party to an appeal or petition for review. A copy of every document the party files with the commission must be(1) served on every other party, except an appellee or respondent that has filed a notice of nonparticipation as provided in 8 AAC 57.020(f); and(2) hand-delivered or sent by first-class United States mail, facsimile transmission, or electronic mail as provided in 8 AAC 57.050 or this section.(c) A document is considered filed upon receipt unless the document is received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered filed on the next day that is not a Saturday, Sunday, or legal holiday. A document filed with the commission by United States mail is considered filed on the date the document is received at the commission's office, unless received on a Saturday, on a Sunday, on a legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered filed on the next day that is not a Saturday, Sunday, or legal holiday. A document filed by United States mail is not considered filed on the date it is postmarked.(d) An appellant shall also serve a copy of the notice of appeal on the director as provided in 8 AAC 57.070(b)(3).(e) Service on a party represented by an attorney must be made on the attorney.(f) Service by hand-delivery under (b)(2) of this section is accomplished by(1) handing the document to a party or a party's attorney; or(2) leaving the document at the party's residence or attorney's office with an individual of suitable age and discretion who occupies the residence or is employed at the office.(g) Service by United States mail under (b)(2) of this section is complete when deposited in the United States mail with sufficient postage and properly addressed to a party at the party's last known address of record.(h) Proof of service is the procedure whereby a party serving a copy of a document on another party confirms that the document was served. Proof of service for each document served by a party must(1) be shown in writing at the end of the document or in a separate, simultaneously filed document;(2) state the date of service;(3) identify each document being served;(4) state the name and method of service of each party being served; in this paragraph, "method of service" means the party's physical address, mailing address, electronic mail address, or facsimile number; and(5) state the name and contain the signature of the person serving the document.(i) While an appeal or petition for review is pending before the commission, an attorney representing a party or any self-represented party shall immediately inform the clerk and any other party to the appeal or petition for review, in writing, of a change in the party's mailing address, electronic mail address, telephone number, or facsimile number.Eff. 12/5/2005 Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249, April 2024Authority:AS 23.30.008
AS 23.30.128