OHA's Facsimile Policy
The following facsimile policy and procedures apply to proceedings before judges and hearing officials within the Office of Hearings and Appeals only. A party should also consult the applicable provisions of the Code of Federal Regulations (C.F.R.) including 34 C.F.R. §§ 668.91 and 668.122 (Title IV, HEA cases), 34 C.F.R. § 81.12 (GEPA), and 34 C.F.R.
§§ 222.154 & 222.165 (Impact Aid)
OHA permits electronic filing (E-filing) by facsimile transmission in all cases pending before OHA with the exception of Civil Rights proceedings (see 34 C.F.R. Parts 100 & 101). It is the responsibility of a party filing a document by facsimile transmission to confirm that a complete and legible copy of the document was received by OHA.
With the exception of salary overpayment cases, a party also must file an original and one hard copy of the electronic document by U.S. mail, private courier or hand-delivery. A hard copy is an exact paper copy of the electronic submission. For more information on where to file a hard copy of your document or the required format for briefs and exhibits, go here.
Documents That May Be Filed Electronically By Facsimile Transmission
Any document fifteen (15) pages in length or less, including attachments may be filed by facsimile transmission. The assigned judge or hearing official has discretion as to whether to allow longer filings. Upon request, the assigned judge or hearing official may permit facsimile transmissions exceeding fifteen (15) pages. Documents that may be filed by facsimile transmission include:
Filings Common to All OHA Proceedings
Notice of Appearance
Motion for Extension or Stay
Motion to Exceed Page Limitations for Briefs
Motion to Dismiss
Motion for Default Judgment
Opposition to Pending Motion or Request
Request for Oral Argument
Request for Evidentiary Hearing
Stipulations of Fact
Exhibits (15 pages or less)
Request for Waiver of Salary Overpayment
Request for Salary Overpayment Offset Hearing
Debtor Statement in a Waiver Proceeding or Offset Hearing
Documents That May Not Be Filed Electronically
A Petition for Interlocutory Review by the Secretary
of the Interim Ruling of a Hearing Official (see 34 C.F.R.
§§ 668.98 & 668.124)
Exhibits Exceeding 15 pages
Any document filed in a Civil Rights case (see 34 CFR Parts
100 & 101)
Alternate Instruction for E-filing by Facsimile Transmission
The assigned judge or hearing official may specify alternate instructions for filing documents by facsimile transmission or modify OHA’s Facsimile Policy in specific cases. If the assigned judge or hearing official provides alternate instructions or modifies OHA’s existing Facsimile Policy in a specific case, the parties will be notified by written order or telephonically.
Service on Other Parties
If agreed upon by the parties, service of a document required to be served upon the opposing party may be made by facsimile transmission. Depending on the means of service, the statement should include the address, fax number, and email address of the opposing party served. OHA strongly encourages a party that electronically files its document with OHA to serve the opposing party electronically.
E-Filings Must Be Timely
Any document electronically filed using facsimile transmission shall be considered filed with OHA on the date and time it is sucessfully received. Documents filed up until and including midnight will be recorded as received on that date. Therefore, parties have until midnight of the date due to file their submission. See Trend Colleges, Inc., Dkt. No. 90-56-ST (Amended Sec. Dec., November 27, 1991).
E-Filing By OHA'S E-filing System (OES)
As of May 2012, a permanent web-based e-filing system known as OHA's E-filing System (OES) has been adopted. OES provides administrative litigants with a process to submit documents via a web-based interface accessible 24 hours every day in lieu of submitting paper documents. The OES also provides litigants with an acknowledgement receipt of filings and records the time of submission. These procedures replace current paper-based procedures.
See OHA's Privacy Procedures for Filings to comply with our requirements regarding the inclusion and/or redaction of personally identifiable information in a party's brief or exhibits.