[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR302.7]

[Page 281-282]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 302--RULES OF PRACTICE IN PROCEEDINGS--Table of Contents
 
                Subpart A--Rules of General Applicability
 
Sec. 302.7  Service of documents.

    (a) Who makes service. (1) The Department. Formal complaints, 
notices, orders, and similar documents issued by the Department will be 
served by the Department upon all parties to the proceeding.
    (2) The parties. Answers, petitions, motions, briefs, exceptions, 
notices, protests, or memoranda, or any other documents filed by any 
party or other person with the Department shall be served by such party 
or other person upon all parties to the proceeding in which it is filed; 
including, where applicable, all persons who have petitioned for 
intervention in, or consolidation of applications with, such proceeding. 
Proof of service shall accompany all documents when they are filed. The 
Department may require additional service of any document(s).
    (b) How service may be made. Service may be made by first class 
mail, express mail, priority mail, registered or certified mail, 
facsimile transmission, personal delivery, or by electronic mail. The 
Department may prescribe other means of service by order or notice. The 
means of service selected must be done in such manner so as to have the 
same attributes as section 46103 of the Statute, which provides for 
service of notices and processes in a proceeding by personal service or 
registered or certified mail.
    (c) Who may be served. Service upon a party or person may be made 
upon an individual, or upon a member of a partnership or firm to be 
served, or upon the president or other officer of the corporation, 
company, firm, or association to be served, or upon the assignee

[[Page 282]]

or legal successor of any of the foregoing, or upon any attorney of 
record for the party, or upon the agent designated by an air carrier or 
foreign air carrier under section 46103 of the Statute, but it shall be 
served upon a person designated by a party to receive service of 
documents in a particular proceeding in accordance with 
Sec. 302.4(a)(2)(iv) once a proceeding has been commenced.
    (d) Where service may be made. Service shall be made at the 
principal place of business of the party to be served, or at his or her 
usual residence if he or she is an individual, or at the office of the 
party's attorney of record, or at the office or usual residence of the 
agent designated by an air carrier or foreign air carrier under section 
46103 of the Statute, or at the post office or electronic address or 
facsimile number stated for a person designated to receive service 
pursuant to Sec. 302.4(a)(2)(iv).
    (e) Proof of service. Proof of service of any document shall consist 
of one of the following:
    (1) A certificate of mailing executed by the person mailing the 
document.
    (2) A certificate of successful transmission executed by the person 
transmitting the document by facsimile or electronic mail, listing the 
facsimile numbers or electronic mail address to which the document was 
sent, and stating that no indication was received that any transmission 
had failed. In the event of an electronic transmission failure, any 
other authorized means of service may be substituted and the appropriate 
proof of service provided.
    (f) Date of service. The date of service by post office or 
electronic mail is the date of mailing. Whenever proof of service by 
personal delivery or facsimile transmission is made, the date of such 
delivery or facsimile transmission shall be the date of service.
    (g) Freely Associated State Proceedings. In any proceeding directly 
involving air transportation to the Federated States of Micronesia, the 
Marshall Islands, or Palau, the Department and any party or participant 
in the proceeding shall serve all documents on the President and the 
designated authorities of the government(s) involved. This requirement 
shall apply to all proceedings where service is otherwise required, and 
shall be in addition to any other service required by this chapter.