(a) The ALJ shall serve upon each party to the proceeding a copy of each document issued by the ALJ in it. The ALJ shall serve upon each interested person, as determined under Sec. 20.404, a copy of the notice of hearing. Unless this part provides otherwise, the ALJ shall upon request furnish to each such interested person a copy of each document filed with the Hearing Docket Clerk or issued by the ALJ.
(b) Unless the ALJ orders otherwise, each person filing a document with the Hearing Docket Clerk shall serve upon each party a copy of it.
(c) If a party filing a document must serve a copy of it upon each party, each copy must bear a certificate of service, signed by or on behalf of the filing party, stating that she or he has so served it. The certificate shall be in substantially the following form:
I hereby certify that I have served the foregoing document[s] upon the following parties (or their designated representatives) to this proceeding at the addresses indicated by [specify the method]: (1) [name, address of party](2) [name, address of party]
Done at __________, this ____ day of ______, 19__ or 20__.[Signature] For [Capacity].
(d) This table describes how to serve filed documents.
Table 20.304(d)--How To Serve Filed Documents------------------------------------------------------------------------
(1) Complaint.......................... (i) Certified mail, return
(i) Certified mail, return
receipt requested.
(ii) Personal delivery.
(iii) Express-courier service
(i) Certified mail, return
receipt requested.
(ii) Personal delivery.
(iii) Express-courier service
(i) Mail.
(ii) Personal delivery.
(iii) Express-courier service.
(iv) Fax.(4) Any other filed document........... (i) Mail.
(ii) Personal delivery.
(iii) Express-courier service.
(iv) Fax.
(v) Other electronic means (at
the discretion of the ALJ).------------------------------------------------------------------------
(e)(1) Unless the ALJ orders otherwise, if a party files a document under Sec. 20.302, the party must serve a copy to the person indicated in this table.
(1) Unless the ALJ orders otherwise, if a party files a document under Sec. 20.302, the party must serve a copy to the person indicated in this table.
Table 20.304(e)--Who Receives Copies of Filed Documents------------------------------------------------------------------------
Then the serving party must
If a party-- serve--------------------------------------------------------------------------Is represented......................... The counsel or other
representative.Is not represented..................... The party.------------------------------------------------------------------------
(2) Service upon counsel or representative constitutes service upon the person to be served.
(f) The serving party must send service copies to the address indicated in this table.
Table 20.304(f)--Where To Send Service Copies------------------------------------------------------------------------
Then the serving party must
If the party-- send the copies to--------------------------------------------------------------------------Is represented......................... The address of the counsel or
representative.Is not represented..................... The last known address of the
residence or principal place
of business of the person to
be served.------------------------------------------------------------------------
(g) This table describes when service of a filed document is complete.
Table 20.304(g)--When Service Is Complete------------------------------------------------------------------------
Then service is complete when
(1) Personal delivery (Complaint or (i) Handed to the person to be
Default Motion). served.
(ii) Delivered to the person's
office during business hours.
(iii) Delivered to the person's
residence and service made to
a person of suitable age and
discretion residing at the
individual's residence.(2) Personal delivery (all other filed (i) Handed to the person to be
documents). served.
(ii) Delivered to the person's
office during business hours.
(iii) Delivered to the person's
residence and deposited in a
conspicuous place.(3) Certified Mail or express-courier (i) Delivered to the person's
(Complaint or Default Motion). residence and signed for by a
person of suitable age and
discretion residing at the
individual's residence.
(ii) Delivered to the person's
office during business hours
and signed for by a person of
suitable age and discretion.(4) Mail or express-courier service (i) Mailed (postmarked).
(all other filed documents). (ii) Deposited with express-
courier service.(5) Fax or other electronic means...... Transmitted.------------------------------------------------------------------------
(h) If a person refuses to accept delivery of any document or fails to claim a properly addressed document other than a complaint sent under this subpart, the Coast Guard considers the document served anyway. Service is valid at the date and the time of mailing, of deposit with a contract service or express-courier service, or of refusal to accept delivery. [CGD 98-3472, 64 FR 28062, May 24, 1999; 64 FR 34540, June 28, 1999, as amended by USCG-2000-7223, 65 FR 40054, June 29, 2000]