Current through Register Vol. 30, No. 38, September 20, 2024
A. Documents
required to be served in an administrative proceeding. All pleadings, motions,
appearances, orders, and similar papers filed in the record shall be served
upon the Division and each respondent to the administrative proceeding by the
filing party. Service shall be made by a person at least 18 years of
age.
B. Service on the Division.
Service upon the Division may be made by mailing a copy to the Division
addressed to the attorney of record for the Division or by delivering a copy to
the Division addressed to the attorney of record for the Division.
C. Service on a respondent represented by an
attorney. Whenever service is required or permitted to be made upon a
respondent represented by an attorney, the service shall be made by mailing a
copy to the last known business or mailing address of the attorney or by any
method authorized under subsections (D) and (E).
D. Service upon individuals. Service upon an
individual may be made by any of the following:
1. By personal service.
2. By leaving a copy at the individual's
dwelling, or usual place of abode, with an individual of suitable age and
discretion residing therein.
3. By
leaving a copy at the individual's usual place of business or employment with
an employee, express or implied agent, supervisor, owner, officer, partner, or
other similar individual of suitable age and discretion.
4. By leaving a copy with an agent authorized
by express or implied appointment or by law to receive service of process for
the individual upon whom service is being made.
5. By mailing a copy to the last known
dwelling, usual place of abode, business address, or mailing address.
Subpoenas, notices, and temporary cease-and-desist orders served by mail shall
be sent, return receipt requested, by certified mail, express mail, registered
mail, or commercial courier or delivery service. The signed return receipt
shall constitute proof of service, but shall not be the exclusive method of
proving service.
E.
Service upon a corporation or other entity. Service upon a corporation,
partnership, trust, limited liability company, association, sole
proprietorship, or any other entity, may be made by any of the following:
1. By leaving a copy with an employee, of
suitable age and discretion, at any place of business of the corporation,
partnership, trust, limited liability company, association, sole
proprietorship, or other entity.
2.
By leaving a copy with any officer or director of a corporation, managing or
general partner of a partnership, trustee of a trust, member of a
member-managed limited liability company or manager of a manager-managed
limited liability company, or any representative of an association or other
entity.
3. By leaving a copy with
any agent authorized by express or implied appointment or by law to receive
service of process for the entity upon whom service is being made.
4. By mailing a copy to the last known
business or mailing address. Subpoenas, notices, and temporary cease-and-desist
orders served by mail shall be sent, return receipt requested, by certified
mail, express mail, registered mail, or commercial courier or delivery service.
The signed return receipt shall constitute proof of service, but shall not be
the exclusive method of proving service.
F. Service in a foreign country. When serving
a subpoena, notice, or temporary cease-and-desist order in a foreign country,
service shall be by any internationally agreed means. If service is not
accomplished within 120 calendar days from the date service was undertaken
under the internationally agreed means or if no internationally agreed means of
service has been established or the international agreement does not prohibit
the use of other means of service, then service of any document may be made by
any of the following:
1. In the manner
prescribed by the law of the foreign country for service in that country in an
action in any of its courts of general jurisdiction.
2. As directed by the foreign authority in
response to a letter of request.
3.
By any of the following if not prohibited by the law of the foreign country:
a. Any method of service authorized by
subsections (D) or (E).
b.
Diplomatic or consular officers when authorized by the United States Department
of State.
c. By any other lawful
method that is reasonably calculated to give notice as directed by the
Commission.
G. When service is complete. Service by mail
is complete upon mailing. All other service is complete upon
delivery.
H. Service by
Publication.
1. The Division may serve a
person by publication under either of the following circumstances:
a. The Division does not know the current
address or residence of a person to be served.
b. The person has avoided service and service
by publication is the best means practicable under the circumstances for
providing notice of the administrative proceedings.
2. Service by publication shall be made as
follows:
a. The Division shall publish a
statement regarding the administrative proceedings at least once a week for
four successive weeks in a newspaper published in Maricopa county. If the
person's last known residence or place of business was in a different county in
Arizona or another state, the Division shall also simultaneously publish the
statement in a newspaper published in the different county. If no newspaper is
published in the person's last known county of residence or place of business,
then the publications shall be made in a newspaper published in an adjoining
county.
b. The published statement
shall include the following information:
i.
The name of the person.
ii. The
statutes or rules that the Division alleges the person has violated or is
violating.
iii. The location and
the manner in which the person may obtain a copy of the notice or temporary
cease-and-desist order being served.
iv. The requirement and deadline for filing a
request for hearing and the ability of the Commission to enter a default order
if the person fails to timely request a hearing.
3. The service shall be complete
30 days after the first publication.
