[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.16]

[Page 71-72]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
       Subpart B--Pleadings, Form, Execution, Service of Documents
 
Sec. 1025.16  Service.

    (a) Mandatory service. Every document filed with the Secretary shall 
be served upon all parties to any proceedings, i.e., Complaint Counsel, 
respondent(s), and party intervenors, as well as the Presiding Officer. 
Every document filed with the Secretary

[[Page 72]]

shall also be served upon each participant, if the Presiding Officer or 
the Commission so directs.
    (b) Service of complaint, ruling, petition for interlocutory appeal, 
order, decision, or subpoena. A complaint, ruling, petition for 
interlocutory appeal, order, decision, or subpoena shall be served in 
one of the following ways:
    (1) By registered or certified mail. A copy of the document shall be 
addressed to the person, partnership, corporation or unincorporated 
association to be served at his/her/its residence or principal office or 
place of business and sent by registered or certified mail; or
    (2) By delivery to an individual. A copy of the document may be 
delivered to the person to be served; or to a member of the partnership 
to be served; or to the president, secretary, or other executive 
officer, or a director of the corporation or unincorporated association 
to be served; or to an agent authorized by appointment or by law to 
receive service; or
    (3) By delivery to an address. If the document cannot be served in 
person or by mail as provided in paragraph (b)(1) or (b)(2) of this 
section, a copy of the document may be left at the principal office or 
place of business of the person, partnership, corporation, 
unincorporated association, or authorized agent with an officer or a 
managing or general agent; or it may be left with a person of suitable 
age and discretion residing therein, at the residence of the person or 
of a member of the partnership or of an executive officer, director, or 
agent of the corporation or unincorporated association to be served; or
    (4) By publication in the Federal Register. A respondent that cannot 
be served by any of the methods already described in this section may be 
served by publication in the Federal Register and such other notice as 
may be directed by the Presiding Officer or the Commission, where a 
complaint has issued in a class action pursuant to Sec. 1025.18.
    (c) Service of other documents. Except as otherwise provided in 
paragraph (b) of this section, when service of a document starts the 
running of a prescribed period of time for the submission of a 
responsive document or the occurrence of an event, the document may be 
served as provided in paragraph (b) of this section or by ordinary 
first-class mail, properly addressed, postage prepaid.
    (d) Service on a representative. When a party has appeared by an 
attorney or other representative, service upon that attorney or other 
representative shall constitute service upon the party.
    (e) Certificate of service. The original of every document filed 
with the Commission and required to be served upon all parties to any 
proceedings, as well as participants if so directed by the Presiding 
Officer, shall be accompanied by a certificate of service signed by the 
party making service, stating that such service has been made upon each 
party and participant to the proceedings. Certificates of service may be 
in substantially the following form:
    I hereby certify that I have served the attached document upon all 
parties and participants of record in these proceedings by mailing, 
postage prepaid, (or by delivering in person) a copy to each on
________________________________________________________________________
________________________________________________________________________
(Signature)
For_____________________________________________________________________
    (f) Date of service. The date of service of a document shall be the 
date on which the document is deposited with the United States Postal 
Service, postage prepaid, or is delivered in person.