---
kind: "section"
citation: "34 C.F.R. § 86.405"
title: "34"
number: "86.405"
heading: "What are the requirements for filing written submissions?"
url: "https://uscodex.org/cfr/34/86.405"
---

# §86.405. What are the requirements for filing written submissions?

- (a) Any written submission under this subpart must be filed by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages.
- (b) If a party files a brief or other document, the party shall serve a copy of the filed material on the other party on the filing date by hand-delivery or by mail. If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.
- (c) Any written submission must be accompanied by a statement certifying the date that the filed material was filed and served on the other party.
- (d)
  - (1) **The filing date for a written submission is the date the document is—**
    - (i) Hand-delivered;
    - (ii) Mailed; or
    - (iii) **Sent by facsimile transmission.**
  - (2) If a scheduled filing date falls on a Saturday, Sunday, or Federal holiday, the filing deadline is the next Federal business day.
- (e) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department.
- (f) If a document is filed by facsimile transmission, the Secretary or the designated Department official, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time.

## Notes

### Amendments

[57 FR 56795, Nov. 30, 1992]

### Authority

Authority: 20 U.S.C. 1145g, unless otherwise noted.

### Source

Source: 55 FR 33581, Aug. 16, 1990, unless otherwise noted.

### Amendments

[57 FR 56795, Nov. 30, 1992]