| (a) This section applies to a service of a notice
of assessment under §213.032(a) of the Act.
(b) As used in this subchapter, service "in another
manner that is reasonably calculated to give the employer notice of
the assessment" shall be referred to as "substituted service."
(c) The Agency may attempt all forms of service authorized
by the Act. Additionally, the Agency may engage third-party designees
to provide service, including a process server, sheriffs or constables,
common carrier, or other courier service when attempting service,
as applicable.
(d) Service by personal delivery and substituted service
may be attempted at addresses other than the address as shown by Agency
records, including those designated under Texas Business Organizations
Code, Chapter 5 and from third-party background and reporting agencies,
online searches, and other government records.
(e) When collecting an overpayment of benefits from
a claimant through a notice of assessment, as authorized by §212.006(b)
and §214.002(a)(3) of the Act, the term "claimant" shall be substituted
for the terms "employer" and "defaulting employer" found in Chapter
213, Subchapters C and D of the Act, as applicable. Collection by
making a claimant assessment is limited to the third anniversary after
the benefit overpayment becomes final except as otherwise tolled by
§213.033 of the Act.
(f) A party seeking to contest service shall do so
under §213.032(c) of the Act.
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