| (a) Method of service by parties in all cases other
than those referred by PUC or TCEQ.
(1) Service on all parties. On the same date a document
is filed, a copy shall also be sent to each party or the party's authorized
representative in the manner specified by this section. By order,
the judge may exempt a party from serving certain documents or materials
on all parties.
(A) Documents Filed Electronically. A document filed
electronically in accordance with §155.101(b) of this chapter
must be served electronically through the electronic filing manager
if the email address of the party or attorney to be served is on file
with the electronic filing manager. It is the responsibility of the
parties to the case to ensure that all service contact information
entered in the electronic filing manager is complete and accurate.
If the email address of the party or attorney to be served is not
on file with the electronic filing manager, the document may be served
on that party or attorney under subparagraph (B) of this paragraph.
(B) Documents Not Filed Electronically. A document
not filed electronically may be served in person, by mail, by commercial
delivery service, by fax, by email, or by such other manner as directed
by the judge.
(2) Certificate of service. A person filing a document
shall include a certificate of service that certifies compliance with
this section.
(A) 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., electronic filing, regular mail, fax, certified
mail.} {Signature} "
(B) If a filing does not certify service, SOAH may:
(i) return the filing;
(ii) send a notice of noncompliance to all parties,
stating the filing will not be considered until all parties have been
served; or
(iii) send a copy of the filing to all parties.
(3) Exemption. By order, the judge may exempt a party
from serving certain documents or materials on all parties, unless
such service is required by applicable law.
(4) Presumed time of receipt of served documents. The
following rebuttable presumptions shall apply regarding a party's
receipt of documents served by another party:
(A) If a document was hand-delivered to a party, the
judge shall presume that the document was received on the date of
filing at SOAH.
(B) If a document was served by use of an electronic
filing service or a commercial delivery service, the judge shall presume
that the document was received no later than the next business day
after filing at SOAH.
(C) If a document was served by mail, the judge shall
presume that it was received no later than three days after mailing.
(D) If a document was served by fax or email before
5:00 p.m. on a business day, the judge shall presume that the document
was received on that day; otherwise, the judge shall presume that
the document was received on the next business day.
(5) Burden on sender. The sender has the burden of
proving date and time of service.
(b) Method of service by parties in all cases referred
by PUC or TCEQ. The procedural rules of the PUC and TCEQ govern the
parties' service of documents in cases referred by those agencies.
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| Source Note: The provisions of this §155.105 adopted to be effective January 1, 2017, 41 TexReg 8593; amended to be effective September 8, 2019, 44 TexReg 4691; amended to be effective November 29, 2020, 45 TexReg 8295 |
