[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR44.6]

[Page 186-187]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents
 
                           Subpart A--General
 
Sec. 44.6  Service.

    (a) Copies of all documents filed in any proceeding described in 
this part and copies of all notices pertinent to such proceeding shall 
be served by the filing party on all other persons made parties to the 
proceeding under Sec. 44.3. If a request for hearing has been filed by 
any party, a copy of all subsequent documents filed shall be served upon 
the Mine Safety and Health Administration through its representative, 
the Office of the Solicitor, Department of Labor.
    (b) All documents filed subsequent to a petition for modification 
may be served personally or by first class mail to the last known 
address of the party. Service may also be completed by telecopier or 
other electronic means.
    (c) Whenever a party is represented by an attorney who has signed 
any document filed on behalf of such party or otherwise entered an 
appearance on behalf of such party, service thereafter shall be made 
upon the attorney.
    (d) Any party filing a petition for modification under these rules 
shall file proof of service in the form of a return receipt where 
service is by registered or certified mail or an acknowledgment by the 
party served or a verified return where service is made personally. A 
certificate of service shall accompany all other documents filed by a 
party under these rules.
    (e) Service by mail shall be complete upon mailing. Service by 
telecopier or other electronic means shall be complete upon receipt.
    (f) Whenever a party has the right to do some act within a 
prescribed period after the service of a document or other material upon 
the party and the

[[Page 187]]

document or other material is served upon the party by mail, 5 days 
shall be added to the prescribed period: Provided, that specific 
provisions may, for good cause, be made otherwise by an order of an 
administrative law judge or the Assistant Secretary in a particular 
proceeding pending before that person.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]