All Commission facsimile (fax) equipment and services shall remain turned on and available to receive documents 24 hours per day, every day of the year.
Any document submitted by fax shall be deemed filed with the Commission as of the date and time it is received by the Commission fax equipment or service agent to which it has been sent; records submitted up to 11:59 pm will be considered filed on the current business day; records submitted after 12:00 am will be considered filed the next day.
- A person who files a document via fax shall have the same responsibility as a person filing a document in original paper form for ensuring that the document is complete and readable. The filer shall be responsible for any transmission delay, disruption, or interruption of fax signals, and accepts full risk that the document may not be properly filed or received as a result.
- Except for documents which the Commission or its staff have specifically requested be filed by fax, only time-sensitive documents may be filed using this method. The following documents shall never be filed via fax:
- Medical records, except as specifically directed by the Commission or a member of its staff;
- Notices of Appeal to the Virginia Court of Appeals.
Except as directed by the Commission or its staff, a duplicate copy of any document filed by fax shall not be filed in hard-copy form.
- Copies of any documents filed with the Commission by fax must also be sent to the other parties and/or their counsel on or before the date of filing by the same method if possible, or must be accompanied by a statement certifying that it was not possible to send the document to the party or counsel via fax and identifying the alternate method by which it was sent to that party or counsel.
- Documents filed via fax should bear a heading that clearly identifies the nature of the item being filed (e.g. Request for Review, Motion for Reconsideration, etc.).
- Nothing contained in this policy shall be construed as altering any applicable statutory provisions concerning the computation of time, such as those set forth in Va. Code §1-210.
- Maintenance and Repairs. The Commission performs routine maintenance to its electronic systems as well as urgent repairs. In such situations, the system likely will be brought down and the user will be unable to perform transactions. The Commission will make every effort to notify users in such situations, but ultimately the user is responsible for ensuring that any transaction was successfully performed.
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