A party to whom an application for injunctive relief is delivered pursuant to section 204.7 of this Part may file with the office of counsel an original and two copies of a response to the application, with proof of service of a copy of the response on all parties within five days after the application was actually delivered. Alternatively, an original and one copy of a response with proof of service on all parties, may be filed with the office of counsel by either electronic mail at an electronic mail address designated by the board for that purpose, or by fax at a fax number designated by the board for that purpose within five days after delivery of the application. If the response is filed by fax, the responding party shall mail or deliver an original and two copies of the response to the office of counsel by the next working day. Unless otherwise authorized by the office of counsel, copies of the response shall be served on all other parties in the same manner in which the application is filed with the office of counsel. The response shall be signed and sworn to before any person authorized to administer oaths and shall be deemed filed when received by the office of counsel.

Upon presentation of clear evidence of a compelling need for determination of an application for injunctive relief in fewer than 10 days from its receipt by the board, and upon a determination by the office of counsel that such compelling need exists, the office of counsel may direct that a response, if any, be filed within a specified time earlier than otherwise required by this section.