N.Y. Comp. Codes R. & Regs. tit. 16 § 3.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 3.2 - Service and effectiveness of commission documents

(a)

(1) Every order of the commission will be filed in the principal office of the commission and served upon all parties to the proceeding in which it is issued, any other person requesting inclusion on the service list for such proceeding, and any person to whom, or corporation to which, the order issues a directive or prohibition (who or which shall be deemed to be a person or corporation to be affected by such order within the meaning of section 23[1] of the Public Service Law. A certified copy or a copy bearing the seal of the commission will be provided upon request.

(2) Unless a statute, order, notice or ruling provides otherwise, such order, notice or ruling is effective upon issuance, which occurs when it is posted on the commission's website.

(3) When a party appears by a representative, service on the representative will be deemed proper service on the party.

(b)

(1) To the extent required by statute, every order of the commission will be served personally or by mail on each party to the proceeding in which it is issued and any person to whom the order issues a directive or prohibition, unless such party (or a representative by whom the party appears, such as an attorney or corporate officer) or person consents in writing to electronic service. Such written consent shall:

(i) be filed with the secretary in writing;

(ii) state that the consenting person is authorized to do so;

(iii) state that the consenting person or party has knowingly waived the right specified in section 23 (1) of the Public Service Law to be served personally or by mail; and

(iv) specify any other terms of the consent which, unless otherwise specified, will continue in force until revoked.

(2) Commission documents other than orders will be served personally, by mail, by electronic service or by overnight delivery service.

(3) Electronic service is deemed complete upon sending. Personal service is complete upon delivery. Service by mail or by overnight delivery is deemed complete at the time of sending.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 3.2