[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1503.211]

[Page 258-259]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1503_INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents
 
 Subpart G_Rules of Practice in Transportation Security Administration 
                       (TSA) Civil Penalty Actions
 
Sec. 1503.211  Service of documents.

    (a) General. A person must serve a copy of any document filed with 
the Enforcement Docket on each party and the administrative law judge or 
the chief administrative law judge if no judge has been assigned to the 
proceeding at the time of filing. Service on a party's attorney of 
record or a party's designated representative is service on the party.
    (b) Type of service. A person may serve documents by personal 
delivery or by mail.
    (c) Certificate of service. A person may attach a certificate of 
service to a document tendered for filing with the Enforcement Docket 
Clerk. A certificate of service must consist of a statement, dated and 
signed by the person filing the document, that the document was 
personally delivered or mailed to each party on a specific date.
    (d) Date of service. The date of service will be the date of 
personal delivery; or if mailed, the mailing date shown on the 
certificate of service, the date shown on the postmark if there is no 
certificate of service, or other mailing date shown by other evidence if 
there is no certificate of service or postmark.
    (e) Additional time after service by mail. Whenever a party has a 
right or a duty to act or to make any response within a prescribed 
period after service by mail, or on a date certain after service by 
mail, 5 days will be added to the prescribed period.
    (f) Service by the administrative law judge. The administrative law 
judge must serve a copy of each document he or she issues including, but 
not limited to, notices of pre-hearing conferences and hearings, rulings 
on motions, decisions, and orders, upon each party to the proceedings by 
personal delivery or by mail.

[[Page 259]]

    (g) Valid service. A document that was properly addressed, was sent 
in accordance with this subpart, and that was returned, that was not 
claimed, or that was refused, is deemed to have been served in 
accordance with this subpart. The service will be considered valid as of 
the date and the time that the document was deposited with a contract or 
express messenger, the document was mailed, or personal delivery of the 
document was refused.
    (h) Presumption of service. There will be a presumption of service 
where a party or a person, who customarily receives mail, or receives it 
in the ordinary course of business, at either the person's residence or 
the person's principal place of business, acknowledges receipt of the 
document.