Golden Rule: A very common mistake parties make is to file a motion or send a letter to a judge without sending a copy to the other parties. Since no party would want any action taken without an opportunity to be heard, every party must make sure that all other parties are notified and given a copy of any motion or letter sent to an administrative law judge. See OAH Procedural Rule R2 -19-108(E).

R2-19-108. Filing Documents

A. Docket. The Office shall open a docket for each matter upon receipt of a request for hearing. All documents filed in a matter with the Office shall be date stamped on the day received by the Office and entered in the docket.
B. Definition. "Documents" include papers such as complaints, answers, motions, responses, notices, and briefs.
C. Form. A party shall state on the document the name and address of each party served and how service was made pursuant to subsection E. A document shall contain the agency's caption and the Office's docket number.
D. Signature. A document filed with the Office shall be signed by the party or the party's attorney. A signature constitutes a certification that the signer has read the document, has a good faith basis for submission of the document, and that it is not filed for the purpose of delay or harassment. (see Substantive Policy Statement interpreting term "signature")
E. Filing and Service. A copy of a document filed with the Office shall be served on all parties. Filing with the Office and service shall be completed by personal delivery; first-class, certified or express mail; or facsimile. (see Substantive Policy Statement interpreting term "express mail")
F. Date of Filing and Service. A document is filed with the Office on the date it is received by the Office, as established by the Office's date stamp on the face of the document. A copy of a document is served on a party as follows:
1. On the date it is personally served.
2. 5 days after it is mailed by express or first class mail.
3. On the date of the return receipt if it is mailed by certified mail.
4. On the date indicated on the facsimile transmission


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