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Title 3 . Commerce, Community, and Economic Development
Chapter 48 . Telecommunications
Section 100. General requirements of pleadings

3 AAC 48.100. General requirements of pleadings

(a) Pleadings before the commission shall be classified and designated as an application, complaint, cross-complaint, petition, protest, answer, reply or motion.

(b) In the order listed below, each pleading shall include

(1) the heading and caption (including the names of the parties and the docket number, if known);

(2) the allegations or statements of fact and law set forth in numbered paragraphs ;

(3) the prayer or request of the party filing the pleading;

(4) the signature and execution of the pleading;

(5) the verification in compliance with applicable state law, including AS 09.63, when necessary; and

(6) the proof of service.

(c) Each pleading shall contain the heading "BEFORE THE REGULATORY COMMISSION OF ALASKA." The exact caption and docket number assigned by the commission, if known, shall be inserted immediately below the heading in every pleading filed after the date that the proceeding is docketed. This caption, when known, shall be followed by a brief description of the desired order, authorization, permission, or certificate, followed by a word designating the title of the document (e.g., the heading of a complaint shall designate the title of the document as a "COMPLAINT" and the heading of an answer shall set forth the title as "ANSWER"). The name of the party filing the pleading must be stated in the caption if the docket number is not known. Space must be left to the right of the caption for the insertion of the docket number by the commission in the event the pleading does not contain the docket number. The name of the complainant shall be followed by the word "COMPLAINANT"; the name of the respondent named in a complaint shall be followed by the word "RESPONDENT"; the name of an applicant shall be followed by the word "APPLICANT"; etc.

(d) The numbered paragraphs of each pleading shall contain

(1) correct citations to the law, rules, regulations or orders that govern the subject of the pleading;

(2) a complete and detailed statement of all facts and circumstances pertinent to the pleading, together with a correct reference to each appendix (designated as appendix "A," appendix "B," etc.) that is submitted in support of the pleading; and

(3) a statement as to the form of organization of the pleading party (e.g., private corporation, municipal corporation; incorporated borough, partnership, incorporated association, unincorporated association, joint-venture, individual, individual proprietorship, etc.) and, when applicable, the date of organization and the term or duration of the organization (e.g., 50 years, perpetual, etc.).

(e) The numbered paragraphs of a pleading shall be followed by the prayer which shall be a concise and complete statement of all relief sought by the pleader. The prayer should be brief, but should be complete to the end that an order granting the prayer would include all of the relief desired and requested by the pleader.

(f) The original of each pleading filed with the commission must be personally signed in ink by any one of the following:

(1) the party making the pleading or by each of the parties, if there is more than one party;

(2) an authorized official of the party;

(3) a co-partner of a partnership;

(4) an authorized officer or full-time employee of a corporation;

(5) an authorized bona fide officer or full-time employee of an unincorporated association; or

(6) the party's attorney or authorized representative.

(g) Each pleading must be verified by the subscriber to the pleading, or by the subscriber's attorney or authorized representative if the attorney or representative has actual knowledge of the truth of the statements contained in it, or reasonable grounds to believe they are true. Pleadings by corporations or associations may be verified by an officer or director. Upon request, the commission will, in its discretion, by order, waive written verification for good cause shown. When a legal firm acts as attorneys of record, the verification signature must be that of a partner or associate under the name of the firm. If a party is appearing in his or her own behalf, the signature must be that of the party, and must be placed below the correct legal name of the party. Beneath the signature of every attorney of record, party, or other person appearing on a pleading, there must be typed, stamped, or printed the person's name and, for initial proceedings, the person's address. The first pleading of a party, and only the first, must

(1) set forth the address of the party and, if the party is a corporation, association or other organized group, the state in which, and the law under which, it is organized; and

(2) state the name, title and address of the person to whom correspondence and communications in the proceeding is to be addressed.

(h) Notices, orders and pleadings may be served on the person named pursuant to (g)(2) of this section at the address stated and such service shall be deemed to be served on the party.

(i) All balance sheets, income statements, journal entries, and other accounting exhibits, reports or statements shall conform to the applicable uniform system of accounts prescribed by the commission.

(j) Each pleading must be either legibly typewritten in type not less than 11 point, or printed, and cut or folded to 8-1/2 inches by 11 inches in size with the left-hand margin not less than one and one-half inches and the top margin not less than two inches. If the pleading is more than one page in length, it must be either bound, or fastened on the upper left-hand corner. Printed pleadings may be single-spaced on both sides, but the text of pleadings that are typewritten must be double-spaced except for quotations, which must be single-spaced and may be indented. Any process of reproduction may be used, provided that every copy is clear and permanently legible. The first time a person's name is mentioned in the body of a pleading, it should be stated accurately and completely. For example, if a corporation's legal name is "The ABC Corporation," it should not be designated as "ABC Corp." But, if the pleading party wishes, for any reason, to abbreviate a name used repeatedly in a pleading, the abbreviation should be set out in parentheses immediately following the first time the name is spelled out in full.

(k) The type and size requirements in (j) of this section do not apply to an exhibit submitted as part of prefiled testimony under 3 AAC 48.153 or introduced at hearing under 3 AAC 48.154. However, the exhibit must be legible, and the exhibit must be folded to conform in size to 8-1/2 inches by 11 inches.

( l ) A copy of each pleading and each order of the commission in a proceeding shall be served by the filing party (and by the commission in respect to notices, orders, etc.) on every other party to the proceeding together with proof of service.

History: Eff. 1/13/73, Register 44; am 6/29/84, Register 90; am 8/6/92, Register 123; am 4/24/2004, Register 170

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.451

AS 42.06.140


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Last modified 7/05/2006