---
kind: "section"
citation: "34 C.F.R. § 81.12"
title: "34"
number: "81.12"
heading: "Filing requirements."
url: "https://uscodex.org/cfr/34/81.12"
---

# §81.12. Filing requirements.

- (a) **Method of filing.**
  - (1) Any written submission to an ALJ or the OALJ under this part, including pleadings, petitions, and motions, must be filed by submission to OES unless a party shows the ALJ good cause why its written submission cannot be filed electronically. A party filing electronically is responsible for ensuring that a complete and legible document was successfully submitted in a format for electronic filing permitted under OHA procedures.
  - (2) If the ALJ permits a party to file a written submission in paper format, the filing party must file the written submission with the ALJ or the OALJ by hand-delivery or regular mail.
- (b) **Filing date.**
  - (1) **The filing date for a written submission to an ALJ or the OALJ is the date the document is—**
    - (i) Submitted to OES; or
    - (ii) **Hand-delivered or mailed, if the ALJ has permitted the written submission to be filed in paper format.**
  - (2) If a scheduled filing date falls on a Saturday, Sunday, or Federal holiday, the filing deadline is the next business day.
- (c) **Service to other parties.**
  - (1) **The filing of a written submission to OES constitutes service on other parties.**
  - (2) If a party is permitted by the ALJ to file a written submission in paper format, the party must serve a copy of the written submission on the other party on the filing date by hand-delivery or regular mail. Any such written submission to the ALJ or OALJ must be accompanied by a statement certifying that the material was served on the other party on the filing date.

## Notes

### Amendments

[86 FR 52832, Sept. 23, 2021]

### Authority

Authority: 20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless otherwise noted.

### Source

Source: 54 FR 19512, May 5, 1989, unless otherwise noted.

### Amendments

[86 FR 52832, Sept. 23, 2021]