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OVERPAYMENTS

E-Filing Pilot Project Procedures

Please follow the E-filing procedures carefully. During the E-filing Pilot Project, OHA shall continue to require submission of documents in hard copy via hand-delivery, private courier or U.S. Mail. The mandatory hard copies (an original and one copy) of the electronic document should be promptly submitted to OHA following a party's electronic submission. A hard copy is an exact paper copy of the electronic submission. If you have any questions about whether you are allowed to file your document electronically, you may contact OHA by telephone oremail.

Documents That May Be Filed Electronically

Any document fifteen pages (15) in length or less that may be filed by facsimile underOHA's Facsimile Policymay be filed throughOHA's E-filing Form. The assigned judge or hearing official has discretion as to whether to allow longer filings. Upon request, the assigned judge or hearing official may permit facsimile transmissions exceeding fifteen (15) pages. Documents that may be filed electronically include:

Filings Common to All OHA Proceedings
  • Notice of Appearance
  • Motion for Extension or Stay
  • Motion to Exceed Page Limitation
  • Motion to Dismiss
  • Motion for Default Judgment
  • Opposition to Pending Motion or Request
  • Status Report
  • Request for Oral Argument
  • Request for Evidentiary Hearing
  • Stipulations of Fact
  • Brief
  • Exhibits (15 pages or less)
  • Request for Waiver of Salary Overpayment
  • Request for Salary Overpayment Offset Hearing
  • Debtor Statement in a Waiver Proceeding or Offset Hearing
  • Documents That May Not Be Filed Electronically

  • A Petition for Interlocutory Review by the Secretary
        of the Interim Ruling of a Hearing Official (see 34 C.F.R.
       §§ 668.98 & 668.124)
  • Exhibits Exceeding 15 pages
  • Any document filed in a Civil Rights case (see 34 C.F.R. Parts
       100 & 101)
  • E-filings Must Be Timely

  • E-filings must comport with all applicable time requirements including those set by regulation and orders issued by the assigned judge or hearing official in your case.
  • Any document filed using theE-filing Form shall be considered filed with OHA on the date and time it is sucessfully received. A document filed before midnight will be recorded as received on that date.
  • A failure to timely file or serve a document will not be excused on the basis of any technical difficulties encountered by the E-filer such as a claim that transmission could not be accomplished because OHA's web server was off-line or unavailable for any other reason.
  • A party who files a document electronically shall have the same responsibility as a person filing a document in the conventional manner for ensuring that the document is properly filed, complete and readable.
  • An E-filer will not receive an electronic confirmation of receipt for an E-filing. Instead, if an electronic document is rejected for filing on the basis of a technical problem (i.e. document cannot be viewed, archived or printed), OHA shall notify the E-filer that the document has been rejected and the notice will explain why the E-filing was rejected.

  • A notice of rejection does not constitute a decision or ruling by the judge or hearing official, and does not preclude re-submission of a properly formatted electronic document. The rejected document will not be maintained, nor will it be docketed.
  • If an E-filer wishes to confirm OHA's receipt of an E-filing, the E-filer may contact OHA by telephone.
  • All Documents Must Include Statement Of Service
    Any document submitted via theE-filing Formmust be served on the opposing party. Depending on the means of service, the statement should include the address, fax number, and email address of the opposing party served. OHA strongly encourages a party that electronically files its document with OHA to serve the opposing party electronically.

    Privacy Issues
    Electronic documents that contain personally identifying information should be redacted. Personally identifiable information includes social security numbers, dates of birth, personal financial account numbers, and home addresses of students or individuals. SeeOHA's Privacy Procedures for Filingsto comply with our requirements regarding the inclusion and/or redaction of personally identifiable information in a party's brief or exhibits.

    Required Document Format
    Documents must be converted to Portable Document Format (*.pdf). To learn more about PDF documents, gohere.

    Consolidated Cases
    Unless two or more cases are officially consolidated by court order, any document applying in more than one case must be separately filed in each case. If cases are officially consolidated, a document may be filed in the lead case only.

    All Documents Must Be Virus-free
    An E-filer is responsible for taking all reasonable steps to prevent sending any material to OHA that contains computer viruses. All submissions using OHA's E-filing Form will be scanned for viruses. Any submission that contains a virus will automatically be deleted and the E-filer notified.

    Alternate Means of Electronic Submission
    For the convenience of a party, all exhibits and pleadings may be combined and submitted on an optical disc (CD-ROM or DVD-ROM) in addition to the mandatory hard copies (an original and one copy) filed with OHA. The documents on optical disc must be in PDF format. The optical disc must be served upon the opposing party. A party should contact OHA before submitting a DVD-ROM.


    Go to OHA's E-filing Form