D.C. Mun. Regs. tit. 23, r. 23-1703

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 23-1703 - SERVICE OF PAPERS

1703.1

Any papers filed with the Board or on opposing parties in a contested case shall be served by personal delivery, first class U.S. mail, registered or certified mail, or by electronic mail. Proof of service shall be shown as required in § 1703.7.

1703.2

Any papers required to be served upon a party may be served upon the party or the party's designated representative.

1703.3

When a party has appeared through a representative, who has filed a written notice of appearance pursuant to § 1707.1, service shall be made upon the representative of record.

1703.4

Service upon a party or the party's designated representative may be made in the following manner:

(a) By personal delivery;

(b) By use of a process server;

(c) By registered or certified mail;

(d) By electronic mail; or

(e) As otherwise authorized by law.

1703.5

Service upon a party shall be completed upon any of the following acts:

(a) Handing the paper to the person to be served;

(b) Leaving the paper at the licensed premises with the owner, ABC Manager, or other employee of the establishment;

(c) Leaving the paper at the party's usual place of residence with some individual of suitable age and discretion residing therein;

(d) Deposit of the paper in the U.S. Mail, by registered or certified mail, properly stamped and addressed;

(e) By electronic mail at the e- mail address on file with ABRA;

(f) Deposit of the paper in the U.S. Mail, by first class mail, properly stamped and addressed, by an attorney of record; or

(g) By an action in conformity with an Order of the Board in any proceeding.

1703.6

Proof of service shall state the name and address of the person served, the manner of service, and the date of service.

1703.7

Proof of service shall be shown by one of the following:

(a) Written acknowledgement of the person served or that person's representative;

(b) The certificate of the person making the service;

(c) A return receipt, if served by registered or certified mail; or

(d) [Repealed].

1703.8

Service shall also be deemed proper upon a showing that the party actually received delivery of the notice or paper, irrespective of the delivery method.

D.C. Mun. Regs. tit. 23, r. 23-1703

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); amended by Final Rulemaking published at 64 DCR 1357 (2/10/2017); amended by Final Rulemaking published at 66 DCR 001822 (2/8/2019); amended by Final Rulemaking published at 67 DCR 14482 (12/11/2020)