§ 1209.16. Service of papers.

775 words·~4 min read·/us/cfr/t12/s§ 1209.16·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as otherwise provided, a party filing papers or serving a subpoena shall serve a copy upon the representative of record for each party to the proceeding so represented, and upon any party who is not so represented, in accordance with the requirements of this section.

(b)Except as provided in paragraphs (c)(2) and

(d)of this section, a serving party shall use one or more of the following methods of service:

(1)Personal service;

(2)Overnight U.S. Postal Service delivery or delivery by a reliable commercial delivery service for same day or overnight delivery to the parties' respective street addresses; or

(3)First class, registered, or certified mail via the U.S. Postal Service; and

(4)For transmission by electronic media, each party shall promptly provide the presiding officer and all parties, in writing, an active electronic mail address where service will be accepted on behalf of such party. Any document transmitted via electronic mail for service on a party shall comply in all respects with the requirements of § 1209.15(c).

(5)Service of pleadings or other papers made by facsimile may not exceed a total page count of 30 pages. Any paper served by facsimile transmission shall meet the requirements of § 1209.15(c).

(6)Any party serving a pleading or other paper by electronic media under paragraph

(4)of this section also shall concurrently serve that pleading or paper by one of the methods specified in paragraphs

(1)through

(5)of this section.

(c)By the Director or the presiding officer.

(1)All papers required to be served by the Director or the presiding officer upon a party who has appeared in the proceeding in accordance with § 1209.72 shall be served by the means specified in paragraph

(b)of this section.

(2)If a notice of appearance has not been filed in the proceeding for a party in accordance with § 1209.72, the Director or the presiding officer shall make service upon the party by any of the following methods:

(i)By personal service;

(ii)If the person to be served is an individual, by delivery to a person of suitable age and discretion at the physical location where the individual resides or works;

(iii)If the person to be served is a corporation or other association, by delivery to an officer, managing or general agent, or to any other agent authorized by appointment or by law to receive service and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the party;

(iv)By registered or certified mail addressed to the person's last known address; or

(v)By any other method reasonably calculated to give actual notice.

(d)Subpoenas. Service of a subpoena may be made:

(1)By personal service;

(2)If the person to be served is an individual, by delivery to a person of suitable age and discretion at the physical location where the individual resides or works;

(3)If the person to be served is a corporation or other association, by delivery to an officer, managing or general agent, or to any other agent authorized by appointment or by law to receive service and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the party;

(4)By registered or certified mail addressed to the person's last known address; or

(5)By any other method reasonably calculated to give actual notice.

(e)Area of service. Service in any State or the District of Columbia, or any commonwealth, possession, territory or other place subject to the jurisdiction of the United States, or on any person doing business in any State or the District of Columbia, or any commonwealth, possession, territory or other place subject to the jurisdiction of the United States, or on any person as otherwise permitted by law, is effective without regard to the place where the hearing is held.

(f)Proof of service. Proof of service of papers filed by a party shall be filed before action is taken thereon. The proof of service, which shall serve as prima facie evidence of the fact and date of service, shall show the date and manner of service and may be by written acknowledgment of service, by declaration of the person making service, or by certificate of a representative of record. However, failure to file proof of service contemporaneously with the papers shall not affect the validity of actual service. The presiding officer may allow the proof to be amended or supplied, unless to do so would result in material prejudice to a party.