6 Del. Admin. Code § 103-7.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 103-7.0 - Service of papers by parties

7.1 Service initiating a proceeding. At the outset of an administrative proceeding, the complaint and a notice of the filing of the action shall be served on each respondent by:

7.1.1 personal hand delivery;

7.1.2 certified mail, return receipt requested, and by United States first class mail at the respondent's last known address;or

7.1.3 any form of service of process effective under Delaware Superior Court Civil Rule 4(f); or (d) service under Rule 7.2 below.

7.2 "Long-arm" service of process to initiate a proceeding. Any service of process that would be effective to create personal jurisdiction in the Superior Court under 10 Del.C. § 3104 shall be effective to create personal jurisdiction in the Department of Justice administrative forum under these Rules.

7.3 Service of all other filings.

7.3.1 When required. In every administrative proceeding, each paper, including each notice of appearance, written motion, brief, or other written communication, shall be served upon each party in the proceeding in accordance with the provisions of this section.

7.3.2 Upon a person represented by counsel. Whenever service is required to be made upon a person represented by counsel who has filed a notice of appearance pursuant to Rule 2.0, service shall be made pursuant to paragraph 7.3.3 of this section upon counsel, unless service upon the person represented is ordered by the hearing officer.

7.3.3 How made. Service shall be made by delivering a copy of the filing. "Delivering" means:

7.3.3.1 Personal service by handing a copy to the person required to be served; or leaving a copy at the person's office with a clerk or other person in charge thereof, or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed, or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein;

7.3.3.2 Mailing the papers through the U.S. Postal Service by first class, registered, or certified mail or Express Mail delivery addressed to the person;

7.3.3.3 Sending the papers through a commercial courier service or express delivery service; or

7.3.3.4 Transmitting the papers by facsimile machine or electronic mail transmission where the following conditions are met:

7.3.3.4.1 The persons serving each other by facsimile transmission or electronic mail transmission have agreed to do so in a writing, and

7.3.3.4.2 Receipt of each document served is confirmed electronically or by a manually signed receipt.

7.3.4 When service is complete. Personal service, service by U.S. Postal Express Mail or service by commercial courier or express delivery service is complete upon delivery. Service by mail is complete upon mailing. Service by facsimile or electronic mail transmission is complete upon confirmation of transmission.

6 Del. Admin. Code § 103-7.0

15 DE Reg. 531 (10/01/11)