§ 1.734   Fee remittance; electronic filing; copies; service; separate filings
against multiple defendants.

   (a) Complaints may not be brought against multiple defendants unless
   they are commonly owned or controlled, are alleged to have acted in
   concert, are alleged to be jointly liable to complainant, or the
   complaint concerns common questions of law or fact. Complaints may,
   however, be consolidated by the Commission for disposition.

   (b) The complainant shall remit separately the correct fee
   electronically, in accordance with part 1, subpart G (see § 1.1106 of
   this chapter) and shall file an original copy of the complaint using
   the Commission's Electronic Comment Filing System. If a complaint is
   addressed against multiple defendants, the complainant shall pay a
   separate fee for each additional defendant.

   (c) The complainant shall serve the complaint by hand delivery on
   either the named defendant or one of the named defendant's registered
   agents for service of process on the same date that the complaint is
   filed with the Commission in accordance with the requirements of
   paragraph (b) of this section.

   (d) Upon receipt of the complaint by the Commission, the Commission
   shall promptly send, by email, to each defendant named in the
   complaint, notice of the filing of the complaint. The Commission shall
   additionally send by email, to all parties, a schedule detailing the
   date the answer and any other applicable pleading will be due and the
   date, time, and location of the initial status conference.

   (e) Parties shall provide hard copies of all submissions to staff in
   the Enforcement Bureau upon request.

   (f) All subsequent pleadings and briefs filed in any formal complaint
   proceeding, as well as all letters, documents, or other written
   submissions, shall be filed using the Commission's Electronic Comment
   Filing System, excluding confidential material as set forth in § 1.731.
   In addition, all pleadings and briefs filed in any formal complaint
   proceeding, as well as all letters, documents, or other written
   submissions, shall be served by the filing party on the attorney of
   record for each party to the proceeding, or, where a party is not
   represented by an attorney, each party to the proceeding either by hand
   delivery, overnight delivery, or email, together with a proof of such
   service in accordance with the requirements of § 1.47(g). Service is
   deemed effective as follows:

   (1) Service by hand delivery that is delivered to the office of the
   recipient by 5:30 p.m., local time of the recipient, on a business day
   will be deemed served that day. Service by hand delivery that is
   delivered to the office of the recipient after 5:30 p.m., local time of
   the recipient, on a business day will be deemed served on the following
   business day;

   (2) Service by overnight delivery will be deemed served the business
   day following the day it is accepted for overnight delivery by a
   reputable overnight delivery service; or

   (3) Service by email that is fully transmitted to the office of the
   recipient by 5:30 p.m., local time of the recipient, on a business day
   will be deemed served that day. Service by email that is fully
   transmitted to the office of the recipient after 5:30 p.m., local time
   of the recipient, on a business day will be deemed served on the
   following business day.

   (g) Supplemental complaints filed pursuant to § 1.723 shall conform to
   the requirements set forth in this section, except that the complainant
   need not submit a filing fee.

   [ 83 FR 44832 , Sept. 4, 2018, as amended at  84 FR 8618 , Mar. 11, 2019]

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