§ 263.11 - Service of papers.

§ 263.11 Service of papers.

(a) By the parties. Except as otherwise provided, a party filing papers shall must serve a copy upon the counsel of record for all other parties to the proceeding so represented, and upon any party not so represented.

(b) Method of service. Except as provided in paragraphs (c)(2) and (d) of this section, a serving party shall must use one or more of the following methods of service:

(1) Electronic mail or other electronic means;

(2) Personal service;

(

2

3) Delivering the papers

to a reliable commercial

by same day courier service

,

or overnight delivery service

, or to the U.S. Post Office for Express Mail delivery;

(3; or

(4) Mailing the papers by first class, registered, or certified mail

; or

(4) Transmission by electronic media, only if the parties mutually agree. Any papers served by electronic media shall also concurrently be served in accordance with the requirements of § 263.10

(c)

.

(c) By the Board or the administrative law judgeALJ.

(1) All papers required to be served by the Board or the administrative law judge ALJ upon a party who has appeared in the proceeding in accordance with § 263.6, shall will be served by any means specified in paragraph (b) of this sectionelectronic mail or other electronic means designated by the Board or ALJ.

(2) If a party respondent has not appeared in the proceeding in accordance with § 263.6, the Board or the administrative law judge shall make service ALJ will serve the respondent by any of the following methods:

(i) By personal service;

(ii) If the person to be served is an individual, by delivery to a person of suitable age and discretion at the physical location where the individual resides or works;

(iii) If the person to be served is a corporation or other association, by delivery to an officer, managing or general agent, or to any other agent authorized by appointment or by law to receive service and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the partyrespondent;

(iv) By registered or certified mail addressed , delivery by a same day courier service, or by an overnight delivery service to the personrespondent's last known mailing address; or

(v) By any other method reasonably calculated to give actual notice.

(d) Subpoenas. Service of a subpoena may be made:

(1) By personal service;

(2) If the person to be served is an individual, by delivery to a person of suitable age and discretion at the physical location where the individual resides or works;

(3) By delivery to an agent, which, in the case of If the person to be served is a corporation or other association, is by delivery to an officer, managing or general agent, or to any other agent authorized by appointment or by law to receive service and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the party;

(4) By registered or certified mail addressed , delivery by a same day courier service, or by an overnight delivery service to the person's last known mailing address; or

(5) By any other method as is reasonably calculated to give actual notice.

(e) Area of service. Service in any state, territory, possession of the United States, or the District of Columbia, on any person or company doing business in any state, territory, possession of the United States, or the District of Columbia, or on any person as otherwise provided by law, is effective without regard to the place where the hearing is held, provided that if service is made on a foreign bank in connection with an action or proceeding involving one or more of its branches or agencies located in any state, territory, possession of the United States, or the District of Columbia, service shall must be made on at least one branch or agency so involved.

[56 FR 38052, Aug. 9, 1991, as amended at 61 FR 20342, May 6, 1996]