6 Del. Admin. Code § 200-B-210

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

Section 200-B-210 - Service of Papers by Parties

(a) 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; provided, however, that absent an order to the contrary, no service shall be required for motions which may be heard ex parte.

(b) Upon a person represented by counsel. Whenever service is required to be made upon a person represented by counsel, service shall be made pursuant to paragraph (c) of this section upon counsel at the address listed on the notice of appearance filed pursuant to Rule 201, unless service upon the person represented is ordered by the Presiding Officer.

(c) How made. Service shall be made by delivering a copy of the filing. Delivery means:

(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;

(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;

(3) Sending the papers through a commercial courier service or express delivery service; or

(4) Transmitting the papers by e-mail or facsimile machine where the following conditions are met:

(A) The persons serving each other by e-mail or facsimile transmission have agreed to do so in a writing, signed by each party, and

(B) Receipt of each document served by e-mail or facsimile is confirmed by a receipt or other means agreed to by the parties.

(d) 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 e-mail or facsimile is complete upon confirmation of transmission by delivery of a receipt or other agreed-to method of confirmation.

(e) "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 Section 3104 of Title 10 of the Delaware Code shall be effective to create personal jurisdiction in the Department of Justice administrative forum under these Rules.

6 Del. Admin. Code § 200-B-210

15 DE Reg. 529 (10/01/11)
18 DE Reg. 394 (11/1/2014) (Final)