3.2 - Filing and Service of All Other Pleadings

(a) Filing

Parties must file an original and two copies of all pleadings (including attachments) other than the complaint. All pleadings other than the complaint must be filed with the ALJ assigned to the case. If an ALJ has not yet been assigned to the case, pleadings should be filed with the CAHO.

(b) Methods of Filing

Unless otherwise specified by OCAHO, pleadings must be mailed or delivered to the following address:

Office of the Chief Administrative Hearing Officer
5107 Leesburg Pike
Suite 2500
Falls Church, VA 22041

If a party requests a returned copy of a document filed with OCAHO, that party must provide an additional copy as well as a stamped, self-addressed envelope.

(c) Service of Pleadings

Service of any pleading upon any party may be made by personal delivery or by mailing a copy to a party’s last known address. All pleadings filed with OCAHO must be accompanied by a certification indicating service to all parties of record. The certification must also specify the manner and date of service. When a party is represented by an attorney, service must be made upon that attorney.

(d) Filing by Facsimile

Parties may file pleadings with OCAHO by facsimile only to toll the running of a time limit. When filing a pleading by facsimile, a party must satisfy the following requirements:

• the party must forward the original signed pleading and all accompanying documents to OCAHO concurrently with the transmission of the facsimile;
• the party must serve the pleading on all parties of record by facsimile or by same-day hand delivery. If service cannot be made by facsimile or same-day hand delivery, the party must serve the pleading on all parties of record by overnight delivery service; and

the party filing by facsimile must include in the certificate of service filed with OCAHO a certification that service has been made on all parties of record by one of the expedited service methods listed in the previous paragraph.