[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR821.8]

[Page 181]
 
                        TITLE 49--TRANSPORTATION
 
                              SAFETY BOARD
 
PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS--Table of Contents
 
Subpart B--General Rules Applicable to Petitions for Review, Appeals to 
the Board, and Appeals From Law Judges Initial Decisions and Appealable 
                                 Orders
 
Sec. 821.8  Service of documents.

    (a) Who must be served. (1) Copies of all documents filed with the 
Board must be served on (i.e., sent to) all other parties to the 
proceeding, on the date of filing, by the person filing them. A 
certificate of service shall be a part of each document and any copy or 
copies thereof tendered for filing, and shall certify concurrent service 
on the Board and the parties. A certificate of service shall be in 
substantially the following form:

    I hereby certify that I have this day served the foregoing [specify 
document] on the following party's counsel or designated representatives 
[or party, if without counsel or representative], at the address 
indicated, by [specify the method of service (e.g., first-class mail, 
personal service, etc.)]

[List names and addresses of all persons served]
Dated at __, this ____day of __ 20__
 (Signature)____________________________________________________________
 For (on behalf of)_____________________________________________________

    (2) Service shall be made on the person designated in accordance 
with Sec. 821.7(f) to receive service. If no such person has been 
designated, service shall be made directly on the party.
    (b) Method of service. (1) Service of documents by any party on any 
other party shall be accomplished by the method prescribed in Sec. 
821.7(a)(3) for the filing of documents with the Board.
    (2) Notices of hearing, written initial decisions, law judges' 
appealable orders and Board orders on appeal shall be served by the 
Board on parties other than the Administrator by certified mail. Such 
documents may be served on the Administrator by first-class mail or 
facsimile. The Board may serve all other documents on the parties by 
first-class mail or facsimile.
    (c) Where service shall be made. Except for personal service, 
parties shall be served at the address appearing in the official record. 
If no address for service on the Administrator is designated in the 
record, documents shall be addressed for service to the Office of Chief 
Counsel, 800 Independence Avenue, SW., Washington, DC 20591. In the case 
of an agent designated by an air carrier under 49 U.S.C. 46103, service 
may be accomplished only at the agent's office or usual place of 
residence.
    (d) Presumption of service. There shall be a presumption of lawful 
service:
    (1) When receipt has been acknowledged by a person who customarily 
or in the ordinary course of business receives mail at the residence or 
principal place of business of the party or of the person designated 
under Sec. 821.7(f); or
    (2) When a properly addressed envelope, sent to the most current 
address in the official record, by regular, registered or certified 
mail, has been returned as unclaimed or refused.
    (e) Date of service. The date of service shall be determined in the 
same manner as the filing date is determined under Sec. 821.7(a)(4).