Texas Administrative Code
Title 1 - ADMINISTRATION
Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS
Chapter 155 - RULES OF PROCEDURE
Subchapter C - FILING AND SERVICE OF DOCUMENTS
Section 155.105 - Service of Documents on Parties
Universal Citation: 1 TX Admin Code ยง 155.105
Current through Reg. 49, No. 38; September 20, 2024
(a) Method of service by parties in all cases other than those referred by PUC or TCEQ.
(1) Service on all parties. On the same
date a document is filed, a copy shall also be sent to each party or the
party's authorized representative in the manner specified by this section. By
order, the judge may exempt a party from serving certain documents or materials
on all parties.
(A) Documents Filed
Electronically. A document filed electronically in accordance with §
RSA
155.101(b) of this chapter
must be served electronically through the electronic filing manager if the
email address of the party or attorney to be served is on file with the
electronic filing manager. It is the responsibility of the parties to the case
to ensure that all service contact information entered in the electronic filing
manager is complete and accurate. If the email address of the party or attorney
to be served is not on file with the electronic filing manager, the document
may be served on that party or attorney under subparagraph (B) of this
paragraph.
(B) Documents Not Filed
Electronically. A document not filed electronically may be served in person, by
mail, by commercial delivery service, by fax, by email, or by such other manner
as directed by the judge.
(2) Certificate of service. A person filing a
document shall include a certificate of service that certifies compliance with
this section.
(A) 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.,
electronic filing, regular mail, fax, certified mail.} {Signature} "
(B) If a filing does not certify service,
SOAH may:
(i) return the filing;
(ii) send a notice of noncompliance to all
parties, stating the filing will not be considered until all parties have been
served; or
(iii) send a copy of the
filing to all parties.
(3) Exemption. By order, the judge may exempt
a party from serving certain documents or materials on all parties, unless such
service is required by applicable law.
(4) Presumed time of receipt of served
documents. The following rebuttable presumptions shall apply regarding a
party's receipt of documents served by another party:
(A) If a document was hand-delivered to a
party, the judge shall presume that the document was received on the date of
filing at SOAH.
(B) If a document
was served by use of an electronic filing service or a commercial delivery
service, the judge shall presume that the document was received no later than
the next business day after filing at SOAH.
(C) If a document was served by mail, the
judge shall presume that it was received no later than three days after
mailing.
(D) If a document was
served by fax or email before 5:00 p.m. on a business day, the judge shall
presume that the document was received on that day; otherwise, the judge shall
presume that the document was received on the next business day.
(5) Burden on sender. The sender
has the burden of proving date and time of service.
(b) Method of service by parties in all cases referred by PUC or TCEQ. The procedural rules of the PUC and TCEQ govern the parties' service of documents in cases referred by those agencies.
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