Section 792.10110. Service of documents and other pleadings; manner of service; date of service; statement or proof of service.

(1) A party shall serve all documents and pleadings filed in a hearing system proceeding on all other parties. Unless otherwise directed by the administrative law judge, “parties” are the persons named in the case caption. If an appearance has been filed by an attorney or authorized representative of a party, documents and pleadings shall be served on the attorney of record or authorized representative.

(2)   Service on a party may be completed electronically on request of, or with permission of, the party receiving the documents.

(3)    Service, other than electronic, may be completed by mail, facsimile, or commercial delivery service or by leaving a copy of the document at the residence, principal office, or place of business of the person or agency required to be served.

(4)   When service of any document or pleading is completed by mail or commercial delivery service, the date of service is the date of deposit with the United States post office, inter- departmental mail delivery system, or other carrier.

(5)   When service of any document or pleading is completed by hand, electronically, or by any other method authorized by these rules, the date of service is the date of receipt as indicated by a date stamp or other verifiable date on the document or pleading.

(6)      The person or party serving documents on other parties pursuant to this rule shall file with the hearing system a written statement of service stating the method or manner of service, the identity of the server, the names of the parties served, and the date and place of service. When service is completed electronically, the statement of service shall also state the e-mail

addresses of the sender and the recipient. Failure to timely file the statement of service will not affect the validity of service.

(7)     If a question concerning proper service is raised, the person or party serving the documents shall submit a proof of service. When service is made by mail, the return post office receipt shall be proof of service. When service is made by private delivery service, the receipt showing delivery shall be sufficient proof of service. When service is made in any other manner authorized by these rules, verified proof of service shall be made by filing an affidavit of the person or party serving the documents. Disputes with respect to proper service will be resolved by the administrative law judge assigned to the matter.

(8)      The administrative law judge assigned by the hearing system may decline to consider any document or pleading not served pursuant to these rules.

(9)   Mailing a copy under this rule means enclosing it in a sealed envelope addressed to the person to be served and placing it into an intra-departmental mail delivery system or depositing the sealed envelope with first class postage fully prepaid in the United States mail or other commercial delivery service.

History: 2015 AACS.