La. Admin. Code tit. 51 § I-109

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-109 - Service of Orders, Notices, and Other Documents

A. Whenever any provision of law or of this Code requires or authorizes service of a letter, notice, order, or other document to be made upon a person, then, in addition to any other method authorized by this code for such service, the following shall constitute good and valid service for all purposes related to this Code:

1. service made in any manner authorized by the Louisiana Code of Civil Procedure or the Louisiana Revised Statutes of 1950;

2. service made by U.S. Postal Service certified mail, return receipt requested, addressed to the registered agent of the person as indicated in the records of the Secretary of State;

3. service made by U.S. Postal Service certified mail, return receipt requested, addressed to the person at his/her dwelling house or usual place of abode;

4. service made by U.S. Postal Service certified mail, return receipt requested, addressed to the last mailing address provided in writing to the department by the person; or

5. for a person holding a permit, certificate, or license issued by the department:

a. service made by U.S. Postal Service certified mail, return receipt requested, addressed to the mailing address provided to the department in accordance with §120 of this Part; or

b. service by e-mail sent to the e-mail address provided to the department in accordance with §120 of this Part, even if returned as undeliverable. A document served by e-mail must be in printable document format (PDF) and may be either attached, in which case the entire e-mail with the attachment cannot exceed 20 megabytes (MB), or linked within the body of the e-mail to a file sharing site from which it can be viewed or downloaded.

B. Whenever service by certified mail is authorized by this Section or any other provision of the Code, if a certified mail receipt shows that service has been refused or unclaimed, then service shall nevertheless be deemed complete and valid if the department, within 15 days of receiving the certified mail receipt so marked, sends by regular mail a copy of the letter, notice, order, or other document to the person at the address to which the certified mailing was sent. Service by such regular mail shall be deemed complete 7 days after mailing.

C. A certified mailing sent in accordance with Paragraphs A.2, A.3, A.4, or Subparagraph A.5.a of this Section shall be deemed good and valid service if a signed receipt is returned to the department, regardless of whether the person to whom the mailing was addressed personally signed the return receipt.

La. Admin. Code tit. 51, § I-109

Promulgated by the Department of Health, Office of Public Health, LR 44783 (4/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4 and 40:5(A)(3)(7)(17)(19)(20)(21).