Title 3 . Commerce, Community, and Economic Development

Chapter 48 . Telecommunications

Section 90. Filing, service, amendment and disposition of pleadings

3 AAC 48.090. Filing, service, amendment and disposition of pleadings

(a) A document is considered filed with the commission on the date it is received by the commission, or by a commissioner or a staff member designated by the commission to receive papers, correspondence, and filings. If a party has the right, or is required, to perform some act within a prescribed period after notice or pleading is served on that party, and the notice is served by mail, the prescribed period begins three days after the date of certification of mailing. In computing any period of time prescribed or allowed by rule, order, or statute, the day of the act, event, or default after which the designated period of time begins to run is not included, in accordance with AS 01.10.080 . If the last day of the period so computed is a Saturday, Sunday, or legal holiday, the period runs until the end of the commission's next regular business day. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays are excluded in the computation.

(b) Unless otherwise directed by the commission, service of pleadings, orders, and other documents is valid and complete if made by delivering, in person or by mail,

(1) an original and 10 copies to the commission for each document;

(2) one copy to each party, or to the party's attorney of record or other authorized representative; and

(3) in addition to the copy requirements of (1) of this subsection, in a multi-docketed proceeding, three copies to the commission for each of the other dockets listed in the consolidated proceedings to which the document pertains; and

(4) if possible, a 3.5-inch diskette or CD formatted in an IBM compatible form using MS Word or in Adobe Acrobat (.PDF) format and containing the text of the filing made to the commission; the filer shall clearly label the diskette or CD with the filer's name, docket number, type of pleading, date of submission, and file name.

(c) Pleadings shall be liberally construed and any defect that does not substantially affect the rights of the parties will, in the commission's discretion, be disregarded. Subject to any conditions it may impose, the commission may allow a pleading to be amended, withdrawn, corrected, supplemented or to be made orally with written notice to any other party. Pleadings that are considered grossly defective may, in the commission's discretion, be disregarded or rejected and returned to the pleading party together with an explanation, in writing, of the reason for the action taken.

(d) At any stage of the proceeding, prior to entry of a commission's final order

(1) an application or petition may be withdrawn without order of the commission by filing a notice of withdrawal;

(2) the proceeding may be terminated by filing a stipulation agreed to by all parties of record provided the commission does not find that the public interest requires the proceeding to be continued;

(3) a party shall promptly file an amendment to any pleading explaining any changed facts or circumstances if, after the date of the original pleading, there is a significant change in the information required to be shown in pleadings by 3 AAC 48.010 - 3 AAC 48.170 or in regard to any other relevant matter; or

(4) the commission may, for reasons stated in its order, terminate a proceeding at the request of an interested party or on its own motion.

(e) Repealed 6/29/84.

(f) If a pleading is filed with the commission setting out a violation or omission by any party, the respondent has the right to satisfy or answer the complaint according to the following:

(1) Any party against whom such a pleading is directed who wishes to defend or contest it, or to make any representation to the commission in connection with it, shall file with the commission and serve on the petitioner and all parties, a written answer to the pleading within 20 days after service of the pleading upon that party, unless for good cause, the commission extends or shortens the time within which answers may be made. Answers must be so drawn as to inform the commission and all parties of record fully and completely as to the nature of the answer, and must specifically admit or deny in detail all material allegations of the pleading against which the answer is directed. Matters alleged by way of cross-complaint or affirmative defense must be separately stated and numbered. The commission will, in its discretion, order a respondent to file an answer if it considers that action necessary. If a party fails to answer within the time specified in this paragraph, the party is considered to have denied generally the allegation of the complaint or petition and is precluded, except with the consent of opposing parties and the commission, from setting up an affirmative defense in the proceeding; the commission will proceed with the matter solely upon the issues set out in the complaint or petition. Answers are not required in a rate proceeding initiated as a result of a tariff filing.

(2) A party may amend its pleading once, as a matter of course, at any time before a responsive pleading is served. If the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the hearing calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend its pleading only by permission of the commission. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the commission otherwise orders.

(g) A party desiring to reply to an answer shall serve the required number of copies of it on the commission within 20 days after service of the answer.

(h) If the commission so orders in any proceeding, a copy of any application, petition, complaint, motion, or other paper designated by the commission shall be served by the party that submitted the filing on all persons whom the commission determines may be affected by the proceeding. After a proceeding has been instituted, each answer, motion or other paper subsequently filed by any party must be served on all attorneys and parties of record concurrently with the filing thereof with the commission together with proof of service.

(i) Whenever, by rule or order, an act is required or allowed to be performed on or before a specified date, the commission, for cause shown, may

(1) on its own initiative or pursuant to motion and with or without notice, order the period extended if the order is issued prior to the date originally specified; or

(2) pursuant to motion, with notice given after the expiration of the specified period, permit the act to be performed provided the failure to act was the result of excusable neglect or oversight, but a permission thus granted shall not relieve a party from complying with additional requirements the commission may specify for obtaining relief from a particular failure.

(j) A formal proceeding shall not be terminated without issuing at least one order containing the commission's findings, conclusions and decision. If final order of the commission is reconsidered or subject to judicial review, the proceeding shall be reopened under the same docket number until the issues being reconsidered or reviewed have been resolved and no further action by the commission is required.

History: Eff. 1/13/73, Register 44; am 6/29/84, Register 90; am 8/6/92, Register 123; am 5/5/2000, Register 154

Authority: AS 42.04.080

AS 42.05.141

AS 42.05.151

AS 42.06.055

AS 42.06.140