SECTION 310:2-21-27. Filing by electronic means

(a)   General requirements. Documents may be filed by facsimile or other electronic mail transmission ("e-mail") directly to the Clerk of the Office of Administrative Hearings. Litigants are encouraged to limit the use of facsimile or e-mail filings to those of a time-critical nature only. The e-mail address or facsimile number may be obtained from the Clerk. Filing by facsimile or e-mail does not relieve a party from providing a copy of the filing to all other parties in the case. Filing with the Office of Administrative Hearings does not constitute notice to the Oklahoma State Department of Health Office of General Counsel or any other party. Submissions received after 5:00 p.m., CST or CDT, shall be deemed filed on the next regular business day.

(b)   Use of facsimile transmission. Facsimile transmissions are limited to not more than ten (10) pages. A single document may not be split into multiple facsimile transmissions to avoid the page limitation. Each facsimile transmission sent shall be accompanied by a Facsimile Transmission Cover Sheet. The cover sheet shall be the first page transmitted, followed by any special processing instructions. A cover sheet is required for each fax and is NOT considered part of the ten (10) page limitation. The cover sheet must contain the name, mailing address, telephone number and return fax number for the transmitting party. Reference must be made to the identity of the case by number and/or names of parties. The number of pages being transmitted MUST be on the cover sheet. The submission must include a visible hand-written signature on the document to be filed.

(c)   Use of electronic mail. Filings by e-mail must be made as an attachment to the e-mail and not contained in the body of the e-mail. They must be in an electronic format compatible with Microsoft Word or PDF. The name, mailing address, e-mail address and telephone number of the person filing must be on the document filed. The subject description of the e-mail must include a reference to the case by case number. The submission must include a visible hand-written signature or the signature line must show a signature in electronic form as follows: /s/ First and Last Name. Electronic signatures shall be deemed authentic and be considered the signature of the person filing the document.

(d)   Other considerations. Filing a document by facsimile or e-mail constitutes implied consent for the Office of Administrative Hearings and other parties in the case to notify and deliver documents to that party by facsimile or e-mail. A party who files by fax or e-mail shall retain the original source document in his or her possession or control during the pendency of the action in exactly the same format and content as transmitted and shall produce such document upon request by the assigned administrative law judge or any party to the action. Upon failure to produce the original source document when requested, the assigned administrative law judge may refuse to consider the fax or e-mail as a properly filed instrument. The quality of the original document transmitted shall be clear and dark enough to be transmitted legibly. The Department will not be responsible for events that disrupt or render impossible the receipt of documents transmitted electronically.

[Source: Added at 27 Ok Reg 2496, eff 7-25-10]