| (a) Service requirements. A copy of any pleading or
document filed in a protested contested case shall be served by a
party as follows:
(1) On the same day a party files a document with the
Commission, the party shall serve a copy on every other party and
any other person required by the Hearings Division. If a party is
represented by an authorized representative, service shall be made
on that representative; and
(2) All filings shall include a certificate of service
that copies have been served on all persons described in paragraph
(1) of this subsection. The certificate of service shall include the
date and manner of service and the names and addresses of all persons
served. If a person is served by fax or email, the certificate of
service shall include the person's fax number or email, as applicable.
(b) Methods of service.
(1) A pleading or document may be served by hand delivering
a copy to the person to be served, or by first class, certified, or
registered mail, commercial delivery service, fax, email, or by such
other manner as the Commission may require.
(A) Service by mail or commercial delivery service
shall be complete upon deposit of the document postpaid and properly
addressed to the person's last known address with the United States
Postal Service or a commercial delivery service.
(B) Service by fax shall be sent to the person's current
fax number and is complete on the date of the fax. Fax transmissions
completed after 5 p.m. local time of the recipient shall be deemed
served on the following business day.
(C) Personal service may be effectuated by hand delivering
a copy to the person to be served and is complete on the date of delivery.
Personal service completed after 5 p.m. local time of the recipient
shall be deemed served on the following business day.
(D) Service by email may be used if the person to be
served consents to be served by email pursuant to §1.27 or §1.32
of this title (relating to Parties and Authorized Representatives,
and Form and Content of Pleadings, respectively). If the person consents
to be served by email, the person affirmatively consents to the release
and disclosure of the email address. Email service is complete on
the date of the email transmission. An email received after 5 p.m.
local time of the recipient shall be deemed served on the following
business day.
(2) Proof of service. The filing party or authorized
representative shall certify compliance with this rule in writing
over signature and on the filed instrument. A certificate showing
service shall be prima facie evidence of the fact of service. In cases
of personal service, the certificate shall state when the pleading
or motion was served and the manner of service. The recitations in
the certificate are prima facie evidence of the facts cited in the
certificate.
(c) Service by mail or commercial delivery service.
Unless otherwise directed by the examiner or Hearings Director, when
a party is required to do some act within a prescribed time period
following service of a pleading, motion, or discovery document described
in §1.51 of this title (relating to Forms and Scope of Discovery
in Contested Cases) and the pleading, motion, or discovery document
is served by mail or commercial delivery service, three days shall
be added to the prescribed response period.
(d) Failure to serve. The serving party has the burden
of proving the date and time of service. The failure of a party to
serve a pleading or filed document on another party or person as required
by this section may be sufficient grounds for the Hearings Director
or the examiner to strike the pleading or filed document, or to take
other appropriate action. A party may offer evidence or testimony
that a notice or document was not received, or if service was by mail,
that it was not received within three days from the date of mailing,
and upon so finding, the examiner or Hearings Director may extend
the time for taking the action required of the party or grant other
appropriate relief.
(e) Service by the Commission.
(1) For documents served on a party with an active
or delinquent organization report on file pursuant to §3.1 of
this title (relating to Organization Report; Retention of Records;
Notice Requirements), the Commission shall serve documents by:
(A) first class mail to the address shown on the most
recently filed organization report or the most recently filed letter
notification of change of address, in which case the document is presumed
received if the document is not returned to the Commission;
(B) certified mail to the address described in subparagraph
(A) of this paragraph, in which case service is effective upon:
(i) acceptance of the item by any person at the address;
(ii) initial failure to claim or refusal to accept
the item by any person at the address prior to its eventual return
to the Commission by the United States Postal Service; or
(iii) return of the item to the Commission by the United
States Postal Service bearing a notation such as "addressee unknown," "no
forwarding address," "forwarding order expired," or
any similar notation indicating that the organization's mailing address
shown on the most recently filed organization report or address change
notification letter is incorrect; or
(C) personal service or registered or certified mail
to the address described in subparagraph (A) of this paragraph for
revocation, suspension, annulment, or withdrawal of a license.
(2) For documents served on all other parties, unless
otherwise required by law, the Commission shall serve documents in
accordance with subsection (b) of this section.
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