§ 148.275 - Service of document: other transmittal.  


Latest version.
  • (a) The clerk serves each order, ruling, decision, and notice upon all parties to a formal hearing when issued, except a document issued at the formal hearing or a prehearing conference.

    (b) Each document before it is filed in a proceeding must be served upon:

    (1) All parties, except the person filing the document; and

    (2) The administrative law judge or if no administrative law judge has jurisdiction, the Commandant.

    (c) Service of a document upon a party must be made upon the attorney representing the party or, for a party not represented by an attorney, upon the party.

    (d) Service must be made by handing a copy of the document to the person to be served or depositing a copy of the document in the mail.

    (e) This section does not apply to service of subpoenas. Rules for serving subpoenas are in § 148.281.

    (f) The clerk mails to a person who is not a party, and who has submitted a petition or motion in the proceeding, a copy of the ruling on the petition or motion when issued and a copy of the action taken on any appeal of the petition. He mails a copy of the notice of the formal hearing, when the notice is issued, to each person whose petition to present evidence has been granted under § 148.265.

    (g) The clerk provides the applicants and the administrative law judge with a copy of each application and report of public hearing docketed in the proceeding.