California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 3.3 - Occupational Safety and Health Appeals Board
Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing
Section 355.3 - Service by Parties, Intervenors, Obligors, and Representatives
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) When a party, intervenor, obligor, or representative serves a document on another party, intervenor, obligor, or representative, that service shall occur by first-class postal mail, a carrier defined in subsection (b), or by personal service.
(b) A carrier will satisfy subsection (a) if it provides an alternative method that will effect service that is equivalent to or more expeditious than first-class mail. For purposes of this subsection, "an alternative method that will effect service that is equivalent to or more expeditious than first-class mail" shall be limited to either:
(c) Service by postal mail is made by depositing the document in a post office, mailbox, or mail chute, or other like facility regularly maintained by the United States Postal Service, sealed, properly addressed, with first-class postage prepaid, or by deposit with a carrier as defined in subsection (b).
(d) Service is complete at the time of personal delivery or mailing.
(e) Proof of service shall be filed with the document and may be made by any of the following means:
(f) If a party, intervenor, obligor, or their representative responsible for serving the document(s) on another party, intervenor, obligor, or their representative, receives notification that the service to an intended recipient failed, the party responsible for sending the document(s) shall promptly re-serve the document on the intended recipient(s) using the method of service best calculated to result in valid service on the intended recipient(s).
(g) By written stipulation of all parties, intervenors, and obligors, service between the parties may be by electronic methods.
1. New section filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).
Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5, 6603 and 6610, Labor Code.