[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2700.7]

[Page 696-697]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2700_PROCEDURAL RULES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 2700.7  Service.

    (a) Generally. A copy of each document filed with the Commission 
shall be served on all parties. In addition, a copy of a notice of 
contest of a citation or order, a petition for assessment of penalty, a 
discrimination complaint, a complaint for compensation, and an 
application for temporary relief shall be served upon the representative 
of miners, if known.
    (b) Posting. A copy of an order, citation, notice, or decision 
required under section 109 of the Act, 30 U.S.C. 819, to be posted on a 
mine bulletin board shall, upon receipt, be immediately posted on such 
bulletin board by the operator.
    (c) Methods of service. A notice of contest of a citation or order, 
a proposed penalty assessment, a petition for assessment of penalty, a 
complaint for compensation, a complaint of discharge, discrimination or 
interference, an application for temporary reinstatement, and an 
application for temporary relief shall be served by personal delivery, 
including courier service, or by

[[Page 697]]

registered or certified mail, return receipt requested. All subsequent 
papers may be served by first class mail, express mail, or personal 
delivery, except as specified in Sec. Sec. 2700.9, 2700.45, 2700.70(f), 
and 2700.75(f) (extensions of time, temporary reinstatement proceedings, 
and extensions of page limit). Express mail includes delivery by a 
third-party commercial carrier. Service by mail, including first class, 
express, or registered or certified mail, return receipt requested, is 
effective upon mailing. Service by personal delivery is effective upon 
receipt. When filing by facsimile transmission (see Sec. 2700.5(d)), 
the filing party must also serve by facsimile transmission or, if 
serving by facsimile transmission is impossible, the filing party must 
serve by a third-party commercial overnight delivery service or by 
personal delivery. Service by facsimile transmission is effective upon 
receipt.
    (d) Service upon representative. Whenever a party is represented by 
an attorney or other authorized representative who has entered an 
appearance on behalf of such party pursuant to Sec. 2700.3(c), service 
thereafter shall be made upon the attorney or other authorized 
representative.
    (e) Proof of service. All pleadings and other filed documents shall 
be accompanied by a statement setting forth the date and manner of 
service.

[58 FR 12164, Mar. 3, 1993, as amended at 64 FR 48713, Sept. 8, 1999]