Filing with executive director - when deemed to have been made

# (1)

# (a)

Any report, claim, tax return, statement, or other document required or authorized to be filed with or any payment made to the executive director that is transmitted through the United States mail is deemed filed with and received by the executive director on the date shown by the cancellation mark stamped on the envelope or other wrapper containing the document required to be filed.

# (b)

Any such document which is mailed, but not received by the executive director, or is received and the cancellation mark is not legible, or is erroneous or omitted shall be deemed to have been filed and received on the date it was mailed if the sender establishes by competent evidence that the document was deposited in the United States mails on or before the date due for filing. In such cases of nonreceipt of a document by the executive director, the sender shall file a duplicate copy thereof within thirty days after written notification is given to the sender by the executive director of the failure to receive such document.

# (2)

If any report, claim, tax return, statement, remittance, or other document is sent by United States registered mail, certified mail, or certificate of mailing, a record authenticated by the United States postal service of such registration, certification, or certificate shall be considered competent evidence that the report, claim, tax return, statement, remittance, or other document was mailed to the executive director, to the state officer or state agency to which it was addressed, and the date of the registration, certification, or certificate shall be deemed to be the postmark date.

# (3)

If the date for filing any report, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day.

# (4)

The date of receipt of returns or other documents made, filed, signed, subscribed, verified, transmitted, received, or stored under the alternative methods provided in sections 39-21-119.5 and 39-21-120 are determined pursuant to rules and regulations adopted by the executive director pursuant to section 39-21-112 (1). Source: L. 77: Entire section added, p. 1404, § 3, effective July 1. L. 82: (1)(a) amended, p. 559, § 3, effective April 6. L. 93: (4) added, p. 429, § 2, effective April 19. L. 2001: (1)(a) amended, p. 780, § 15, effective June 1. L. 2009: (1)(a) amended, (HB 09-1053), ch. 159, p. 693, § 18, effective August 5. L. 2021: (1)(a) amended, (HB 21-1157), ch. 118, p. 454, § 1, effective September 7. L. 2023: (4) amended, (SB 23-208), ch. 357, p. 2140, § 1, effective August 7.