| (a) Pleadings and Documents submitted to a presiding
officer. At or before the time any document or pleading regarding
a proceeding is submitted by a party to a presiding officer, a copy
of such document or pleading shall be filed with the commission filing
clerk and served on all parties. These requirements do not apply to
documents which are offered into evidence during a hearing or which
are submitted to a presiding officer for in camera inspection; provided,
however, that the party submitting documents for in camera inspection
shall file and serve notice of the submission upon the other parties
to the proceeding. Pleadings and documents submitted to a presiding
officer during a hearing, prehearing conference, or open meeting shall
be filed with the commission filing clerk as soon as is practicable.
These requirements apply to all documents and pleadings submitted
in a proceeding under §22.33 of this title (relating to Tariff
Filings); service shall be made on all persons who previously submitted
a pleading or document to the presiding officer in that proceeding.
(b) Methods of service. Except as otherwise expressly
provided by order, rule, or other applicable law, service on a party
may be made by delivery of a copy of the pleading or document to the
party’s authorized representative or attorney of record either
in person; by agent; by courier receipted delivery; by first class
mail; by certified mail, return receipt requested; or by registered
mail to such party’s address of record, or by facsimile transmission
to the recipient’s current facsimile machine.
(1) Service by mail shall be complete upon deposit
of the document, enclosed in a wrapper properly addressed, stamped
and sealed, in a post office or official depository of the United
States Postal Service, except for state agencies. For state agencies,
mailing shall be complete upon deposit of the document with the General
Services Commission.
(2) Service by agent or by courier receipted delivery
shall be complete upon delivery to the agent or courier.
(3) Service by facsimile transmission shall be complete
upon actual receipt by the recipient’s facsimile machine.
(c) Alternative methods of service. On motion of a
party or the presiding officer’s own motion, the presiding officer
may require service by email or service by filing with or without
notice, or any combination of those methods and any method specified
in subsection (b) of this section. On joint or separate motion of
all parties to a proceeding, the presiding officer shall require service
by email or service by filing with or without notice.
(1) If a person has filed a statement of no access
under §22.106 of this title (relating to Statement of No Access),
the presiding officer shall require service on such person(s) by a
method specified in subsection (b) of this section.
(2) A party or representative of a party that has filed
a statement of no access but that is required by §22.106(b) of
this title to subsequently provide an email address will thereafter
be subject to service by an alternative method if the presiding officer
has required service by an alternative method.
(3) If the presiding officer has required service only
by methods specific in subsection (c) of this section, the presiding
officer may, upon motion and good cause shown, require service by
a method specified in subsection (b) of this section for any party
in a proceeding.
(4) Service by email shall be complete upon sending
an email message with the pleading or document attached to the message
to the email address provided by the party being served.
(5) Service by filing with notice shall be complete
upon sending an email message that contains a link to the electronic
copy of the pleading or document that is accessible through the interchange
on the commission’s website to the email address provided by
the party being served.
(6) Service by filing without notice shall be complete
upon filing with Central Records. If this method of service is required,
the presiding officer shall encourage parties to sign up with the
commission’s Filings Notification System on its website to receive
automatic notifications of filings in the docket.
(d) Evidence of service. A return receipt or affidavit
of any person having personal knowledge of the facts shall be prima
facie evidence of the facts shown thereon relating to service. A party
may present other evidence to demonstrate facts relating to service.
(e) Certificate of service. Every document required
to be served on all parties by subsection (a) of this section shall
contain the following or similar certificate of service: "I, (name)
(title) certify that a copy of this document was served on all parties
of record in this proceeding on (date) in the following manner: (specify
method(s)). Signed, (signature)." The list of the names and addresses
of the parties on whom the document was served should not be appended
to the document.
|
| Source Note: The provisions of this §22.74 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective June 1, 1997, 22 TexReg 4195; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective December 4, 2016, 41 TexReg 9472 |
