| (a) For responses and replies to responses concerning
hearing requests filed under Chapter 55 of this title (relating to
Requests for Reconsideration and Contested Case Hearings; Public Comment),
copies of all documents filed with the chief clerk shall be served
on the executive director, the public interest counsel, the applicant,
and any persons filing hearing requests, no later than the day of
filing.
(b) For contested case hearings referred to State Office
of Administrative Hearings (SOAH), copies of all documents filed with
the chief clerk shall be served on the judge and all parties or their
representatives no later than the day of filing.
(c) All documents filed and served under these rules,
except as otherwise expressly provided in these rules, may be served
by delivering a copy to the party to be served, or the party's duly
authorized agent or attorney of record, as the case may be, either
in person or by agent or by courier-receipted delivery or by mail,
to the party's last known address, or by telephonic document transfer
to the recipient's current telecopier number, or by such other manner
as the commission or judge in their discretion may direct.
(d) Except as provided by Texas Government Code, §2001.142
regarding notification of a decision or order in a contested case,
service by mail is complete three days after deposit of the document,
enclosed in a postpaid, properly addressed wrapper, in a post office
or official depository under the care and custody of the United States
Postal Service. Service by courier-receipted delivery is complete
upon the courier taking possession. Service by telephonic document
transfer after 5:00 p.m. local time of the recipient shall be deemed
served on the following day. Service by telephonic document transfer
must be followed by serving an extra copy in person, by mail, or by
carrier receipted delivery within one day. Judges may impose different
service requirements in SOAH proceedings.
(e) Except as provided by Texas Government Code, §2001.142
regarding notification of a decision or order in a contested case,
whenever a party has the right or is required to do some act within
a prescribed period after the service of a document upon the party
and the document is served by mail or by telephonic document transfer,
three days shall be added to the prescribed period. Three days will
not be added when documents are filed for consideration in a commission
meeting.
(f) The party or attorney of record shall certify compliance
with this rule in writing over signature and on the filed instrument.
A certificate by a party or an attorney of record, or the return of
an officer, or the affidavit of any person showing service of a document
shall be prima facie evidence of the fact of service.
(g) Nothing herein shall preclude any party from offering
proof that the notice or instrument was not received, or, if service
was by mail, that it was not received within three days from the date
of deposit in a post office or official depository under the care
and custody of the United States Postal Service, and upon so finding,
the commission or judge may extend the time for taking the action
required of such party or grant such other relief as they deem just.
The provisions hereof relating to the method of service of notice
are cumulative of all other methods of service prescribed by these
rules.
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| Source Note: The provisions of this §1.11 adopted to be effective June 6, 1996, 21 TexReg 4689; amended to be effective February 3, 2000, 25 TexReg 592; amended to be effective December 31, 2015, 40 TexReg 9641 |
