Section 408.36. Service of papers.

Rule 6. Service of all petitions, papers, notices, and orders shall be in accordance with the following:

(a)   Service of all original petitions for  hearing   under  R  408.34(1) shall be by the bureau on each named party to the case at the time service is made.

(b)   Service of any subsequent petitions or motions filed on a pending contested case which may alter the parties to a case shall be  by  the bureau. The bureau shall serve all new parties but may  serve  only  the attorney for each previously named party. Parties not represented by legal counsel shall be served directly. The bureau may request  the  necessary papers, notices, and postage to be provided by the moving party.

(c)   Service of any subsequent petitions or motions filed on a pending contested case which do not alter the parties to a case may be made by the moving party upon the adverse party. The moving  party  shall   only  be required to serve the attorney for each previously named party. Any party not represented by legal counsel shall be served  directly.  The  original petition or motion and proof of service shall be filed with the bureau.

(d)  Notices mailed by the bureau after service of the original petition for hearing shall be served upon the attorney for each named party. Any party not represented by legal counsel shall be served  directly.  If   the notice requests or requires the appearance or action of a specific   party, that party shall also be served.

(e)   Decisions or orders issued by the bureau shall   be mailed  to all parties or may be served personally on the date of hearing. All  mailed decisions shall be served from the Lansing office or from such other bureau offices as designated by the director. Upon  mailing  or  personal service, the original order  and  copies   shall show a mailed date  or acknowledgement of personal service on their face,  from which date the appropriate appeal period shall run. The mailed or  personal  service date shall be considered the filed date for the order.

(f)   Service of all other papers, unless otherwise directed by law, may be made by mail by the moving party upon the adverse party and proof of such mailing shall be prima facie evidence of such service. Proof of such service shall be filed with the bureau.

(g)   Service of all papers under this rule upon employers whose liability under the act is not insured according to the records of the bureau, or who have not been granted the privilege of self-insurance, shall be by certified mail with a return receipt requested. Filing  of  the  return receipt shall be prima facie proof of service.

History: 1979 AC; 1984 AACS.