Facsimile Guidelines

1. Facsimile copy, defined.  A facsimile copy is a copy generated by a system that encodes a document into electrical signals, transmits these electrical signals over a telephone/data line, then reconstructs the signals to print an exact duplicate of the original document at the receiving end.
 
2. The facsimile capabilities of the Board are limited. Parties are encouraged to avoid filing pleadings by facsimile copy, except when reasonably required by time constraints.  Facsimile copies of Notices of Appeal, Petitions for Hearing, and motions which conform with the requirements specified in Board rules may be filed with the Board in lieu of the original document.  If a complete facsimile copy fails to conform to Board rules, it will not be accepted for filing.  Once filed with the Board, the facsimile copy shall be treated as an original for all Board purposes.  If a facsimile copy is filed in lieu of the original document, the attorney or party filing the facsimile shall retain the original document for production to the Board, if requested to do so.
 
a. Individual facsimile copies cannot exceed 6 pages in length (not including caption).
 
b. Briefs filed pursuant to Board Rule 8-67, 4 CCR 801, may not be filed by facsimile.  
 
c. Incomplete facsimile copies may be deemed not to have been filed with the Board, cover sheet) and the Board takes no responsibility for incomplete facsimile transmissions.
 
3. All facsimile copies filed in lieu of the original document must be filed within normal business hours of the State Personnel Board, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, state holidays excluded.  In the event a facsimile copy is received outside of normal business hours, it will be considered to have been filed on the next business day.  Board Rule 8-51(E).
 
4. The Board is not required to provide confirmation that it has received a facsimile transmission and will not be responsible for transmitting a "filed copy" back to the parties or for subsequent service upon the parties.
 
5. Any facsimile copy transmitted directly to the Board shall be accompanied by a caption cover sheet which states:
 
• the title of the document being transmitted and identifying it as a facsimile copy;
 
• case number;
 
• number of pages; 
 
• identity of the transmitter; and
 
• telephone number of the transmitter, along with any instructions.
 
The guidelines above are considered general statements of policy and are not subject to C.R.S. 24-4-103.   Any discrepancy between the guidelines and Board rule is to be resolved in favor of the applicable Board rule interpretation.  These guidelines are subject to change.