(a) Service on all parties. On the same date a document
is filed with the commission, a copy shall also be sent to each party
or the party's authorized representative by hand-delivery; by regular,
certified, or registered mail; by email, upon agreement of the parties;
or by fax.
(b) Certificate of service. A person filing a document
shall include a certificate of service that certifies compliance with
this section.
(1) A certificate of service shall be sufficient if
it substantially complies with the following example: "Certificate
of Service: I certify that on {date}, a true and correct copy of this
{name of document} has been sent to {name of opposing party or authorized
representative for the opposing party} by {specify method of delivery,
e.g., email, regular mail, fax, certified mail.} {Signature}"
(2) If a filing does not certify service, the commission
may:
(A) return the filing;
(B) send a notice of noncompliance to all parties,
stating the filing will not be considered until all parties have been
served; or
(C) send a copy of the filing to all parties.
(c) Presumed time of receipt of served documents. The
following rebuttable presumptions shall apply regarding a party's
receipt of documents served by another party:
(1) If a document was hand-delivered to a party, the
commission shall presume that the document was received on the date
of filing at the commission.
(2) If a document was served by courier-receipted overnight
delivery, the commission shall presume that the document was received
no later than the next business day after filing at the commission.
(3) If a document was served by regular, certified,
or registered mail, or non-overnight courier-receipted delivery, the
commission shall presume that it was received no later than three
days after mailing.
(4) If a document was served by fax or email before
5:00 p.m. on a business day, the commission shall presume that the
document was received on that day; otherwise, the commission shall
presume that the document was received on the next business day.
(d) Burden on sender. The sender has the burden of
proving date and time of service.
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