SECTION 460:2-1-8. Filing of documents

(a)   Any initial pleadings in a proceeding to be conducted or being conducted by a hearing officer under the rules of this Chapter shall be filed, by hand or by mail, with the OHA, Department of Mines.

(b)   Where a proceeding has been assigned to a hearing examiner, the parties will be notified by the DOM of the name and address of the hearing examiner assigned to the case and thereafter all further documents shall be filed with the hearing examiner, at the address designated in the notice.

(c)   Any notice of appeal or documents in a proceeding to be conducted or being conducted by the Director shall be filed, by hand or by mail, with the Director.

(d)   Any person filing initial pleadings with the OHA or a notice of appeal with the Director shall furnish an original and one copy. Any person filing other documents with the OHA shall furnish only an original.

(e)   Any person who has initiated a proceeding under the rules of this Chapter before the OHA or filed a notice of appeal with the Director shall file proof of service with the same in the form of a return receipt where service is by registered or certified mail, or an acknowledgement by the party served or a verified return where service is made personally. A certificate of service shall accompany all other documents filed by a party in any proceeding.

(f)   The effective filing date for documents initiating proceedings shall be the date the document is received by the DOM.

(g)   The effective filing date for all other documents shall be the date the document is received by the hearing examiner, or, in a proceeding before the Director, the date the document is received by the Director.