Section 1-2811. HOW TO SERVE A PAPER  


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    2811.1“Service” of a paper or to “serve” a paper means to send or deliver it as set forth in this section.

     

    2811.2Every paper filed at OAH shall be served on the other parties or their attorneys or representatives no later than the day it is filed with OAH.  Exceptions may be identified in these Rules, by statute, or by OAH order.

     

    2811.3Unless otherwise ordered by an Administrative Law Judge or agreed by the parties, service shall be by delivering a copy, mailing a copy, faxing a copy, or sending a copy by commercial carrier.

     

    2811.4Service by delivery means:

     

    (a)Handing a copy to the party or a representative;

     

    (b)Leaving it at the party’s or representative’s place of business with an employee; or

     

    (c)Leaving it at the party’s residence with an adult who lives there.

     

    2811.5Service by mail means mailing a properly addressed copy with first-class postage by depositing it with the United States Postal Service.

     

    2811.6Service by fax means faxing a legible copy to the correct fax number and receiving confirmation of transmission.

     

    2811.7Service by commercial carrier means giving a copy properly addressed to the commercial carrier with the cost of delivery pre-paid for delivery within three (3) calendar days.

     

    2811.8Parties may agree, in writing, to other means of service and may withdraw their agreement in writing.

     

    2811.9Any paper filed must include a signed statement that the paper was served on the parties.  Such a statement is known as a “certificate of service.”  The certificate of service shall identify the individual serving the paper, the parties served and their addresses, the way it was served, and the date served.

     

    2811.10The Clerk may reject, or an Administrative Law Judge may strike, a paper if a party fails to file a certificate of service with the paper.

     

    2811.11Actual receipt of a paper shall bar any claim of defective service except for a claim of late service. 

     

     

authority

Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7) (2012 Repl.)).

source

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Emergency and Proposed Rulemaking published at 51 DCR 9322 (October 1, 2004) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 720 (January 28, 2005); as amended by Final Rulemaking published at 5 7 DCR 12541, 12550 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).