For 502(c)(5) penalty proceedings, this section shall apply in lieu
of Sec. 18.3 of this title.
(a) In general. Copies of all documents shall be served on all
parties of record. All documents should clearly designate the docket
number, if any, and short title of all matters. All documents to be
filed shall be delivered or mailed to the Chief Docket Clerk, Office of
Administrative Law Judges (OALJ), 800 K Street, N.W., Suite 400,
Washington, DC 20001-8002, or to the OALJ Regional Office to which the
proceeding may have been transferred for hearing. Each document filed
shall be clear and legible.
(b) By parties. All motions, petitions, pleadings, briefs, or other
documents shall be filed with the Office of Administrative Law Judges
with a copy, including any attachments, to all other parties of record.
When a party is represented by an attorney, service shall be made upon
the attorney. Service of any document upon any party may be made by
personal delivery or by mailing a copy to the last known address. The
Department shall be served by delivery to the Associate Solicitor, Plan
Benefits Security Division, ERISA section 502(c)(5) Proceeding, P.O.
Box 1914, Washington, DC 20013. The person serving the document shall
certify to the manner and date of service.
(c) By the Office of Administrative Law Judges. Service of orders,
decisions and all other documents shall be made by regular mail to the
last known address.
(d) Form of pleadings-- (1) Every pleading shall contain
information indicating the name of the Pension and Welfare Benefits
Administration (PWBA) as the agency under which the proceeding is
instituted, the title of the proceeding, the docket number (if any)
assigned by the Office of Administrative Law Judges and a designation
of the type of pleading or paper (e.g., notice, motion to dismiss,
etc.). The pleading or paper shall be signed and shall contain the
address and telephone number of the party or person representing the
party. Although there are no formal specifications for documents, they
should be typewritten when possible on standard size 8\1/2\ x 11 inch
paper.
(2) Illegible documents, whether handwritten, typewritten,
photocopies, or otherwise, will not be accepted. Papers may be
reproduced by any duplicating process provided all copies are clear and
legible.
