WAC 463-30-120
Format, filing and service of documents. (1) Format.
(a) All pleadings, motions, and other documents
(including prefiled testimony) filed with the council shall be
legibly written or printed. The use of letter size paper (8
1/2 by 11 inches) is mandatory. The writing or printing shall
appear on two sides of the page.
(b) The requirements of (a) of this subsection are not
mandatory for exhibits but the use of exhibits that comply
with (a) of this subsection is encouraged if it does not
impair legibility.
(2) Filing.
(a) In each case, the council will specify the number of
copies required for motions, related pleadings, and exhibits
which must be filed with the council.
(b) Document shall be deemed filed only upon actual
receipt by the council manager or designee during office
hours.
(c) Faxes.
(i) As used in this rule, "fax" means electronic
telefacsimile transmission.
(ii) Except as specified in (c)(iii) of this subsection,
receipt of a document in the council's fax machine does not
constitute filing.
(iii) For good cause shown, a party may request and the
council manager or designee may in his or her sole discretion
grant authority to file a document by fax.
(iv) Filing by fax is perfected when a complete legible
copy of the document is reproduced on the council manager's
fax machine during the council's normal office hours, so long
as the council receives the required number of nonfaxed
originals on the next successive business day. If a
transmission of a document by fax commences after the
council's normal office hours, the document shall be filed on
the next successive business day.
(v) Any document filed by fax must be accompanied by a
cover page or other form identifying the party making the
transmission, listing the address, telephone, and fax number
of the party, identifying the adjudicative proceeding to which
the document relates, and indicating the date faxed and total
number of pages included in the transmission.
(vi) The party attempting to file a document by fax bears
the risk that the document will not be timely received or
legibly printed, regardless of the cause. If a fax is not
received in legible form, it will be considered as if it had
never been sent.
(d) E-mail. The filing of documents with the council by
electronic mail is not authorized without the express approval
of the council manager or designee and under such
circumstances as the council manager or designee allows.
(e) Filing a document with the council does not
constitute service upon the office of the attorney general or
any other party. Likewise, service on the office of the
attorney general does not constitute a filing with the
council.
(f) Applications. Applications for a site certificate
shall be filed in the manner prescribed by the rules governing
such applications.
(3) Service.
(a) A copy of each pleading, motion, and document filed
with the council shall be simultaneously served upon each
party.
(b) Service by parties.
(i) Service of pleadings, motions, and other documents by
parties shall be made by delivering one copy to each party (A)
in person, (B) by mail, (C) by commercial parcel delivery
company or (D) for documents not exceeding twenty-five pages,
if authorized by the council manager or designee, by fax,
where originals are mailed simultaneously.
(ii) Except as otherwise provided, when any party has
appeared by attorney or other authorized representative,
service upon such attorney or representative will be deemed
valid service upon the party.
(iii) Service of documents shall be deemed complete upon
(A) personal delivery, (B) deposit in the United States mail
properly addressed with appropriate first-class postage
prepaid, (C) acceptance for delivery by a commercial parcel
delivery company, properly tendered with fees prepaid, or (D)
production by the fax machine of a confirmation of
transmission by fax, with simultaneous deposit of the
originals in the United States mail, properly addressed with
appropriate first-class postage prepaid.
(c) Service by the council. All notices, orders and
other documents required to be served by the council may be
served by delivery of one copy to each party (i) in person,
(ii) by mail, (iii) by commercial parcel delivery company, or
(iv) by fax, when originals are mailed simultaneously. Service of documents by the council shall be deemed complete
upon (A) personal delivery, (B) deposit in the United States
mail properly addressed with appropriate first-class postage
prepaid, (C) acceptance for delivery by a commercial parcel
delivery company, properly tendered with fees prepaid, or (D)
production by the council's fax machine of a confirmation of
the transmission by fax, with simultaneous deposit of the
originals in the United States mail, properly addressed with
appropriate first-class postage prepaid.
(d) Certificate of service. There shall appear on or in
a separate document accompanying the original of every
pleading when filed with the council in accordance with this
subsection, either an acknowledgment of service, or the
following certificate:
"I hereby certify that I have this day served
the foregoing document upon all parties of record in
this proceeding, by authorized method of service
pursuant to WAC 463-30-120(3).
(4) Courtesy copies. Parties are encouraged to send
courtesy copies of documents to the council and all other
parties via electronic mail.