Published: 1998-01-23

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404.1 Any paper required to be served upon a party shall be served upon him or her or upon the representative designated by him or her or by law to receive service of papers.

404.2 When a party has appeared through an attorney or agent, service shall be made upon the attorney or agent of record.

404.3 Service may be made by personal delivery, by mail, by telegraph, or as otherwise authorized by law.

404.4 Where there are numerous parties to a proceeding, the Board may make special provisions regarding the service of papers.

404.5 Service upon a party shall be completed, as follows:

(a) By personal delivery, on handing the paper to the person to be served, or leaving it at his or her office with his or her clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, by leaving it at his or her usual place of residence with some person of suitable age and discretion then residing in that place;

(b) By telegraph, when deposited with a telegraph company properly addressed and with charges prepaid;

(c) By mail, on deposit in the United States mail, properly stamped and addressed; or

(d) Upon being served in the specific manner prescribed by an order of the Board made in any proceeding.

404.6 Proof of service, stating the name and address of the person on whom served and the manner and date of service, shall be shown for each document filed.

404.7 Proof of service may be made by any of the following means:

(a) Written acknowledgment of the party served or his or her attorney of record;

(b) The certificate of the attorney of record if he or she has made the service; or

(c) The certificate of the person making the service.

404.8 For the purposes of this chapter, the phrase "filing with the Board," means the actual delivery to and physical receipt by the General Counsel to the Board of pleadings and other papers.

SOURCE: Final Rulemaking published at 45 DCR 432 (January 23, 1998).