Current through Register Vol. 54, No. 44, November 2, 2024
Section 179.9 - Service by the Commission(a)Applicability. This section applies to service of an order, notice, complaint or other similar document originating from the Commission, except when the Commission specifically requires a different form of service.(b)Forms of Service.(1)Registered or certified mail. Service may be made by registered or certified mail, return receipt requested, to the person to be served, addressed to the person designated in the initial pleading, submittal or notice of appearance at the person's residence, principal office or place of business.(2)First Class Mail. If time is of the essence, instead of registered or certified mail, service may be made by regular first-class mail, postage prepaid, to the last known address previously provided by the party to the Commission.(3)Personal. Service may be made personally by anyone authorized by the Commission. Service will be made by personally delivering a copy:(i) Directly to the person named in the notice, pleading or order or to an attorney representing said person.(ii) At the residence of the person named in the notice, pleading or order, or to an adult member of the family with whom the person named resides. If no adult member of the family is found, then to an adult person in charge of the residence.(iii) At the licensed facility at which the person named is stabled, employed, licensed in connection therewith or routinely participates in racing at the facility.(4)Trainer of Record. Service may be made upon the trainer of record as agent for and on behalf of the owner of a horse, who shall be solely responsible to notify the owner(s) of any notice, pleading or order. Service upon the trainer of record shall be deemed adequate and reasonable notice to the listed owner.(5)Service upon attorneys. When an attorney enters an appearance under § 179.63 (relating to representation before the Commission) service must be directed to the attorney in the same manner as prescribed for the client. Service upon the attorney shall be deemed service upon the party.(c)Proof of service. Proof of service shall be evidenced by a return of service filed with the Hearing and Appeals Docket Clerk as set forth in § 179.3 (relating to filings and appeals).(d)Subsequent service. Service of any subsequent document or correspondence in a proceeding may be made by electronic mail or first-class mail, or both, to the last known address previously provided by the party to the Commission.(e)Change of address. It is the duty of a party to apprise the Commission of changes to the party's current address. Failure of a party to maintain an updated address with the Commission shall not be a basis for an allegation of lack of service.(f) Subsections (a)-(c) supersede 1 Pa. Code §33.31 (relating to service by the agency). This section cited in 7 Pa. Code § 179.6 (relating to Commission action without prior hearing); 7 Pa. Code § 179.10 (relating to subpoena powers and procedures); 7 Pa. Code § 179.13 (relating to complaints and other pleadings); and 7 Pa. Code § 179.55 (relating to hearing notices).