Section 12.36 - Service of Documents(a) On the same date a document is filed with the commission, a copy shall also be sent to each party or the party's authorized representative by hand-delivery; by regular, certified, or registered mail; or by email, upon agreement of the parties.(b) A person filing a document shall include a certificate of service that certifies compliance with this section. (1) A certificate of service shall be sufficient if it substantially complies with the following example: "Certificate of Service: I certify that on {date}, a true and correct copy of this {name of document} has been sent to {name of opposing party or authorized representative for the opposing party} by {specify method of delivery, e.g., email, regular mail, fax, certified mail.} {Signature}"(2) If a filing does not certify service, the commission may: (B) send a notice of noncompliance to all parties, stating the filing will not be considered until all parties have been served; or(C) send a copy of the filing to all parties.(c) The following rebuttable presumptions shall apply regarding a party's receipt of documents served by another party: (1) If a document was hand-delivered to a party, the commission shall presume that the document was received on the date of filing at the commission.(2) If a document was served by courier-receipted overnight delivery, the commission shall presume that the document was received no later than the next business day after filing at the commission.(3) If a document was served by regular, certified, or registered mail, or non-overnight courier-receipted delivery, the commission shall presume that it was received no later than three days after mailing.(4) If a document was served by fax or email before 5:00 p.m. on a business day, the commission shall presume that the document was received on that day; otherwise, the commission shall presume that the document was received on the next business day.(d) The sender has the burden of proving date and time of service.1 Tex. Admin. Code § 12.36
Adopted by Texas Register, Volume 43, Number 17, April 27, 2018, TexReg 2539, eff. 5/3/2018; Adopted by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8576, eff. 10/27/2024