Current through Register Vol. 54, No. 45, November 9, 2024
Section 185.79 - Service and filing of papers(a)Service of process by the Commission. Service of process by the Commission on other parties shall be made as follows: (1)Certified mail. A copy of the document may be addressed to the person, partnership, corporation or unincorporated association to be served at his or its principal office or place of business, certified and mailed.(2)Delivery to an individual. A copy thereof may be delivered to the person to be served, or to a member of the partnership to be served, or to the President, Secretary or other executive officer or a director of the corporation or unincorporated association to be served.(3)Delivery to any address. A copy thereof may be left at the principal office or place of business as disclosed by the records of the Commission of the person, partnership, corporation or unincorporated association to be served.(4)Delivery of noncommission processes. Documents other than processes of the Commission, the service of which starts the running of prescribed periods of time provided or allowed by this subchapter or by any order of the Commission for the performance of some act or the occurrence of some event, shall be served in the same manner as processes of the Commission.(b)Service of process by other parties. Service of process and other papers by parties other than the Commission shall be by delivering copies thereof as follows: upon the Commission by personal delivery or delivery by first class mail to the office of the Executive Secretary of the Commission; upon any other party, by delivery to the party. If the party is an individual or partnership, delivery shall be to such individual or a member of the partnership; if a corporation or unincorporated association, to an officer or agent authorized to accept service of process therefor. Delivery to a party other than the Commission shall mean handing to the individual, partner, officer or agent; leaving at his office with a person in charge thereof, or, if there is no one in charge, or if the office is closed, or if he has no office, leaving at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein; or sending by certified mail.(c)Service by certified or first class mail. When service is by either certified or first class mail, the date of mailing shall be the date of service. Where the Commission issues a citation, the first paper filed on behalf of the other party named therein shall contain an address at which service of process and papers of the Commission shall be made thereafter. Any such party may notify the Commission of a change in such address. If the party fails to do so, notice sent to such party by mail to his address of record shall be equivalent to service. When a party has appeared in a proceeding by a partner, officer or attorney, service upon such partner, officer or attorney of any document other than a citation shall be deemed service upon the party, except that where a notice of appeal from the adjudication is filed with the Commission, the attorney indicated therein shall be the attorney of record for purposes of service hereunder. The return post office receipt for a document certified and mailed, or the verified return or certificate by the person serving the document by personal delivery or first class mail, setting forth the manner of said service, shall be proof of the service of the document.(d)Time computation. Computation of any period of time prescribed or allowed by this subchapter, by order of the Commission or by any applicable statute, shall begin with the first business day following that on which the act or event initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday or National holiday, or other day on which the office of the Commission is closed, the period shall run until the end of the next following business day. When such period of time, with the intervening Saturdays, Sundays or National holidays counted, is less than 7 days, each of the Saturdays, Sundays and National holidays shall be excluded from the computation. When such period of time, with the intervening Saturdays, Sundays and National holidays counted exceed 7 days, each of the Saturdays, Sundays and National holidays shall be included in the computation.(e)Legibility. All papers, pleadings, briefs or other documents, except the complaint filed with the Commission, shall be legibly typed, printed or otherwise legibly duplicated.(f)Submitting documents. An original and three copies shall be submitted in the case of all papers, pleadings, briefs or other documents required to be filed with the Commission.