D.C. Mun. Regs. tit. 1, r. 1-2812

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 1-2812 - HOW TO SERVE A PAPER
2812.1

"Service" of a paper or to "serve" a paper means to send or deliver the paper as set forth in this Section.

2812.2

Every 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.

2812.3

Unless otherwise ordered by an Administrative Law Judge or agreed by the parties, service shall be made by delivering a copy, mailing a copy, emailing a copy, or sending a copy by commercial carrier. Service on an attorney for a party, or on a District agency through its Office of the General Counsel, designee, or its contractor, may be made by emailing a copy.

2812.4

Service by delivery means:

(a) Handing a copy of a paper to the party or a representative;
(b) Leaving a paper at the party's or representative's place of business with an employee; or
(c) Leaving a paper at the party's residence with an adult who lives there.
2812.5

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

2812.6

Service by email means emailing a legible copy of a paper to the correct email address without the system receiving a reply that the email could not be delivered.

2812.7

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

2812.8

Unrepresented parties may consent to service by email or other means of service and may withdraw their consent. Both consent and withdrawal of that consent shall be in writing, and shall be filed with OAH and served on all parties. Implied consent to service by email shall be presumed if the unrepresented party has already filed or served papers via email.

2812.9

Any paper filed shall include a signed statement that the paper was served on the parties. This statement is known as a "certificate of service." The certificate of service shall identify the individual serving the paper, the parties and addresses served, the way the paper was served, and the date served.

2812.10

The 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.

2812.11

A party's actual receipt of a paper shall bar any claim by the party of defective service except for a claim of late service.

2812.12

A party shall send a copy of any paper filed by email (except a request for a hearing that begins a case) to all other parties, and shall include a certificate of service as required by §§ 2812.9.

2812.13

The five (5) additional days added to the response times by §§ 2813.5 do not apply to orders, notices, or papers served by email, even if they are also served by other means.

2812.14

Unless otherwise ordered, a party who files or serves any original paper by email shall keep the original until after the case is concluded and the time for any appeals has expired. The party shall make the original available for inspection upon request of another party after prior reasonable notice filed with OAH. This Section shall not limit the authority of an Administrative Law Judge to order production of the original.

2812.15

Parties served by email are responsible for monitoring their email accounts, including spam (bulk or junk) folders, and for opening the emails.

2812.16

The Clerk may serve orders and notices by email to any party who provides an email address and consents, in writing or on the record, to receiving papers by email. The party shall ensure that the Clerk has an accurate, up-to-date email address. The Clerk may serve orders and notices by email in addition to any other authorized method of service.

2812.17

If the District seeks to begin a case at OAH by filing a Notice of Infraction or a Notice of Violation pursuant to §§ 2803 and 2804, the District may transfer to OAH data from the Notice of Infraction or the Notice of Violation by electronic means, pursuant to prior technical arrangements with OAH. The electronic transfer by itself neither begins a case nor satisfies the District's obligations under §§ 2803 and 2804. The District shall file the Notice of Infraction or Notice of Violation and its attachments, substantially in the form provided to the Respondent, with the proof of service.

D.C. Mun. Regs. tit. 1, r. 1-2812

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Notice of Final Rulemaking published 57 DCR 12541, 12551 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)
Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in 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)) .