When the administrative appeals committee receives the petition or an answer from the respondent, which paper must it send to which party, and how quickly?
General information · Not legal advice
Material to check
In a practice file we look at the petition itself and the date the committee received it, the duplicate sent to the respondent and the paper recording that it went out, and then the answer, when and under which route it was submitted, and the record of the duplicate served on the petitioner.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
On receiving the petition under the route the provision names, the committee must send the respondent a duplicate of it without delay; and where the respondent's answer is submitted under the route the provision names, the committee must serve a duplicate of that answer on the petitioner, though the provision sets no period for that second service.
The second duty is tied to the way the answer was filed, so an answer submitted outside the route the provision names falls outside this duty on its face, and the provision says nothing about the means of service, the time for serving the answer's duplicate, or the consequence if a duplicate is never served.
Your judgment
If a copy of the answer was never served on the petitioner, how could the file show what effect that had on the conduct of the appeal?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to reach answers submitted on any basis or to set a period for serving the duplicate, or if a decision addresses the effect of an unserved duplicate on the petitioner's conduct of the appeal.