Section 180-10-8 - Service1.Electronic Service. Except in the case of service of a prohibited practice complaint, amended complaint or subpoena, whenever a rule requires that a party serve a copy of a document on another party, service may be effected exclusively by email. For service of a prohibited practice complaint or amended complaint, service will be considered complete on the date that service was provided to the other party by email, so long as service by mail, hand delivery or delivery via a delivery service occurred on the same calendar day.
2.Certificate of Service. Whenever a rule requires that a party serve a copy of a document on another party, the serving party may demonstrate compliance with the requirement of service by submitting to the Board a signed statement certifying service. The statement should include a written declaration of the names and addresses of the parties served and the date and manner of service. The following is an example of a statement certifying service: "I, _______, certify that on __________, I served a copy of this document on _______(name of party) by mail/hand delivery/delivery via _____ delivery service (indicate which method), at the following address:______." Proof of service, such as a certified mail return card, is not required except in the case of a prohibited practice complaint or amended complaint. Such proof will satisfy the requirement for a certificate of service. A sample certificate of service is available from the Board.3.Proof of Service. For a prohibited practice complaint or amended complaint, the executive director may at any time require the complainant to file proof of the date that the complaint was physically delivered on the respondent if proof of service is not filed with the complaint. Proof of service may be in the form of either a certified mail receipt signed by the recipient addressee or an agent of the addressee, a signed and dated acknowledgment of receipt by hand delivery, a dated confirmation of delivery from the Post Office or other delivery service, a dated statement of refusal of service or a copy of the sent email that includes the date and the email address to which it was sent.12-180 C.M.R. ch. 10, § 8