§ 300.196 Filing requirements.

Plain English summary

This section specifies how written submissions under § 300.194 must be filed, including acceptable methods (hand-delivery, mail, or facsimile) and how the filing date is determined for each method. Parties filing by fax bear responsibility for confirming receipt of a complete and legible copy, and the Secretary may require a follow-up hard copy. Proof of mailing is required to establish a mailing-based filing date.

Key requirements

• Any written submission under § 300.194 must be filed by hand-delivery, by mail, or by facsimile transmission.
• The filing date is the date the document is hand-delivered, mailed, or sent by facsimile transmission.
• A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department.
• If a document is filed by facsimile transmission, the Secretary or the hearing officer, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time.
• If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.
• A party must show a proof of mailing to establish the filing date under paragraph (b)(2) of this section as provided in 34 CFR 75.102(d).
• The Secretary discourages the use of facsimile transmission for documents longer than five pages.

Affected parties

• parties filing written submissions under § 300.194
• the Secretary
• hearing officers
• the Department of Education

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.196