(a) By the parties. Except as otherwise provided, a party filing
papers 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 must use one of the following methods
of service:
(1) Electronic mail or
other electronic means;
(2) Personal service;
(3) Delivering the papers by same day courier service or overnight
delivery service; or
(4) Mailing the papers by first class, registered, or certified mail.
8-054.1
(c) By the Board or the
ALJ.
(1) All papers required
to be served by the Board or the ALJ upon a party who has appeared
in the proceeding in accordance with section 263.6 will be served
by electronic mail or other electronic means designated by the Board
or ALJ.
(2) If a respondent
has not appeared in the proceeding in accordance with section 263.6,
the Board or the 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 respondent;
(iv) By registered
or certified mail, delivery by a same day courier service, or by an
overnight delivery service to the respondent’s last known mailing
address; or
(v)
By any other method reasonably calculated to give actual notice.
8-054.2
(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) 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 party;
(4) By
registered or certified mail, 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 reasonably calculated to give actual notice.
8-054.3
(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 must be made on at least one branch or agency
so involved.
