Section 8.57.040. Filing and service of documents.

	(a)  Filing is the procedure whereby a party submits documents to the commission for its consideration in an appeal.  Each document a party files with the commission must  
		(1) be signed and dated by the party or the party's attorney filing it; and  
		(2) be hand-delivered, sent by first class mail, or transmitted as provided in 8 AAC 57.050(a).  
	(b)  Service is the procedure whereby a party provides copies of documents filed with the commission to the other parties to an appeal.  A copy of each document a party files with the commission must  
		(1) be served on each of the other parties except an appellee that has filed a notice of nonparticipation, as provided in 8 AAC 57.020(f); and  
		(2) be hand-delivered, sent by first class mail, or transmitted as provided in 8 AAC 57.050(c).  
	(c)  A document is considered filed or served on receipt unless received on a Saturday, Sunday, or legal holiday, or after 5:00 p.m. Alaska time, in which event the document is considered filed or served on the next day that is not a Saturday, Sunday, or legal holiday.  
	(d)  The 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 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 to a party's attorney; or  
		(2) leaving the document at a party's residence or at the attorney's office with an individual of suitable age and discretion who occupies the residence or is employed at the office.  
	(g)  Proof of service is the procedure whereby a party serving copies of documents on the other parties confirms that the documents were 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 document;  
		(2) identify each document being served;  
		(3) state the name and address of each party being served;  
		(4) state the date and method of service;  
		(5) state the name and contain the signature of the person serving the document; and  
		(6) be filed simultaneously with each document being filed with the commission if proof of service is in a separate document.  

Authorities

23.30.008;23.30.128

Notes

Reference

8 AAC 57.030
8 AAC 57.070
8 AAC 57.100
8 AAC 57.130

Authority

AS 23.30.008 AS 23.30.128

History

Eff. 12/5/2005 Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197