Texas Administrative Code
Title 1 - ADMINISTRATION
Part 2 - TEXAS ETHICS COMMISSION
Chapter 12 - SWORN COMPLAINTS
Subchapter D - PLEADINGS AND MOTIONS
Division 1 - GENERAL RULES
Section 12.36 - Service of Documents
Universal Citation: 1 TX Admin Code § 12.36
Current through Reg. 50, No. 13; March 28, 2025
(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:
(A) return the
filing;
(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.
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