Current through Register Vol. 71, No. 24, June 14, 2024
Rule 3-404 - SERVICE OF PAPERS404.1Any 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.
404.2When a party has appeared through an attorney or agent, service shall be made upon the attorney or agent of record.
404.3Service may be made by personal delivery, by mail, by email, or as otherwise authorized by law.
404.4Where there are numerous parties to a proceeding, the Board may make special provisions regarding the service of papers.
404.5Service 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 email to an email address for counsel of record or at which the party to be served has consented in writing to receive electronic communications;(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.404.6Proof of service, stating the name and physical address or email address of the person on whom service was made and the manner and date of service, shall be shown for each pleading or evidentiary document intended for entry in a case.
404.7Proof 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.404.8Pleadings and other papers ("submissions") shall be deemed filed in the Board's administrative record in a contested case or other particular matter if:
(a) The submission is delivered electronically to and received at an active email address for the Board's General Counsel or delivered physically to the Board's offices to the attention of Board's General Counsel; and(b) The submission is formally captioned as a pleading; it is submitted in accordance with a Board order or Office of General Counsel guidance issued with respect to a specific contested case or other particular matter; is on a Board form made available for the purpose of initiating or making a filing in a contested case or other particular matter; or otherwise sufficiently places the Board and Office of General Counsel on notice that the offering party or individual seeks to file the submission in a contested case or other particular matter. If a party or individual seeks affirmative action by the Board in a contested case or other particular matter, the submission must also sufficiently place the Board on notice of the relief sought. Except where the Board has delegated authority to act, communications addressed to Board's staff only shall not be deemed to be directed at the Board, will be insufficient to trigger Board action, and shall not be filed, in any contested case or other particular matter.
Final Rulemaking published at 45 D.C. Reg. 432, 435-36 (January 23, 1998); amended by Final Rulemaking published at 70 DCR15793 (12/15/2023)