[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR24.04]

[Page 268]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 24_RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM 
STATUS CORRECTIVE ACTION ORDERS--Table of Contents
 
                            Subpart A_General
 
Sec. 24.04  Filing and service of orders, decisions, and documents.

    (a) Filing of orders, decisions, and documents. The original and one 
copy of the initial administrative order, the recommended decision of 
the Presiding Officer, the final decision and the final administrative 
order, and one copy of the administrative record and an index thereto 
must be filed with the Clerk designated for 3008(h) or 9003(h) orders. 
In addition, all memoranda and documents submitted in the proceeding 
shall be filed with the clerk.
    (b) Service of orders, decisions, and rulings. The Clerk (or in the 
case of the initial administrative order, any other designated EPA 
employee) shall arrange for the effectuation of service of the initial 
administrative order, the recommended decision of the Presiding Officer, 
the final decision, and final administrative order. Service of a copy of 
the initial administrative order together with a copy of these 
procedures, the recommended decision of the Presiding Officer, the final 
decision, or a final administrative order, shall be made personally or 
by certified mail, return receipt requested or, if personal service 
cannot be effectuated or certified mail is returned refused or unsigned, 
by regular mail, on the respondent or his representative. The Clerk 
shall serve other documents from the Presiding Officer by regular mail.
    (c) Service of documents filed by the parties. Service of all 
documents, filed by the parties, shall be made by the parties or their 
representatives on other parties or their representatives and may be 
regular mail, with the original filed with the Clerk. The original of 
any pleading, letter, or other document (other than exhibits) shall be 
signed by the party filing or by his counsel or other representative. 
The signature constitutes a representation by the signer that he has 
read the pleading, letter, or other document, that to the best of his 
knowledge, information, and belief, the statements made therein are 
true, and that it is not interposed for delay.
    (d) Service in general. Service of orders, decisions, rulings, or 
documents by either the Clerk or the parties shall, in the case of a 
domestic or foreign corporation, a partnership, or other unincorporated 
association, which is subject to suit under a common name, be made, as 
prescribed in Sec. 24.04 (b) and (c), upon an officer, partner, 
managing or general agent, or any person authorized by appointment or by 
Federal or State law to receive service of process.
    (e) Effective date of service. Service of the initial administrative 
order and final administrative order is complete upon receipt by 
respondent (or the respondent's agent, attorney, representative or other 
person employed by respondent and receiving such service), personally or 
by certified mail, or upon mailing by regular mail, if personal service 
or service by certified mail cannot be accomplished, in accordance with 
Sec. 24.04(b). Service of all other pleadings and documents is complete 
upon mailing, except as provided in Sec. Sec. 24.10(b) and 24.14(e).

[53 FR 12263, Apr. 13, 1988, as amended at 56 FR 49380, Sept. 27, 1991]