Section 792.10406. Filing and service of documents.

(1) Pleadings and other documents are filed with the commission by filing with the secretary. Unless otherwise provided by statute or order of the commission or presiding officer, the filing and service of notices, pleadings, motions, and other documents or copies required to be filed or served in a proceeding shall be made electronically in accordance with the e-dockets user manual, with the exception of filings made in residential complaint proceedings. The filing and service of notices, pleadings, motions, and other documents required to be filed in residential complaint proceedings shall be made by deposit with the United States postal service for first-class mailing or by delivery in person.

(2)   Unless otherwise provided by rule or statute, the date of filing  is the date the pleading or other document is received by the commission if deposited with the United States postal service. If filed electronically, the date of filing is determined in accordance with the e-dockets user manual.The date of service is the date it is deposited with the United States postal service for first-class mailing or is delivered in person, unless otherwise provided by the commission, if deposited with the United States postal service. If served electronically via e-mail, the date of service is the date the e-mail is sent.

(3)    In all residential complaint cases, a party shall file an original and 7 copies of each document.

(4)   Confidential filings shall be made in accordance with the e-dockets user manual. Filings may be removed from the e-docket only after submission of a written formal request for removal to the executive secretary along with a detailed explanation of the reason for  requesting removal. Filers are advised to consult mpsc guideline 2014-1 for a description of documents that may be rejected for filing.

(5)   If the required number of copies are not filed, a document shall be subject to rejection by the presiding officer or the commission unless the party files the additional copies promptly after the omission is called to the attention of the party.

(6)   A party shall serve on all other parties a copy of each document that the party files with the commission. After notice of hearing has been given in a proceeding, a party shall serve, on the assigned presiding officer or, if a presiding officer has not been assigned, on the administrative law manager assigned by the hearing system to the commission, a copy of each document that the party files.

(7)   When a party has appeared by attorney, service upon the attorney is service upon the party.

(8)   Service on municipalities shall be made on supervisors of townships and on clerks of other municipalities.

(9)    Within 7 days after a document is served, the person serving the document shall file proof of service or acceptance of service by the person served or that person's attorney.

(10)   Not less than 7 days prior to the date set for the initial prehearing, an applicant may file a request that the commission read the record in a pending proceeding and dispense with the proposal for decision. A copy of the request shall be served upon the other parties to the proceeding and upon the director of regulatory affairs. Applicants are cautioned that such requests will be granted only under extraordinary circumstances.

History: 2015 AACS.