[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR672.4]



[Page 232-233]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.4  Filing, service, and form of pleadings and documents.



    (a) Filing of pleadings and documents. (1) Except as otherwise 

provided, the original and one copy of the complaint, and the original 

of the answer and of all other documents served in the proceeding, shall 

be filed with the Hearing Clerk.

    (2) A certificate of service shall accompany each document filed or 

served. Except as otherwise provided, a party filing documents with the 

Hearing Clerk, after the filing of the answer, shall serve copies 

thereof upon all other parties and the Presiding Officer. The Presiding 

Officer shall maintain a duplicate file during the course of the 

proceeding.

    (3) When the Presiding Officer corresponds directly with the 

parties, he shall file the original of the correspondence with the 

Hearing Clerk, maintain a copy in the duplicate file, and send a copy to 

all parties. Parties who correspond directly with the Presiding Officer 

shall in addition to serving all other parties send a copy of all such 

correspondence to the Hearing Clerk. A certificate of service shall 

accompany each document served under this subsection.

    (b) Service of pleadings and documents--(1) Service of complaint. 

(i) Service of a copy of the signed original of the complaint, together 

with a copy of these rules, may be made personally or by certified mail, 

return receipt requested, on the respondent or his representative.

    (ii) Service upon a domestic or foreign corporation or upon a 

partnership or other unincorporated association which is subject to suit 

under a common name shall be made by personal service or certified mail, 

as prescribed by paragraph (b)(1)(i) of this section, directed to an 

officer, partner, a managing or general agent, or to any other person 

authorized by appointment or by Federal or State law to receive service 

of process.

    (iii) Service upon an officer or agency of the United States shall 

be made by delivering a copy of the complaint to the officer or agency, 

or in any manner prescribed for service by applicable regulations. If 

the agency is a corporation, the complaint shall be served as prescribed 

in paragraph (b)(1)(ii) of this section.

    (iv) Service upon a State or local unit of government, or a State or 

local officer, agency, department, corporation or other instrumentality 

shall be made by serving a copy of the complaint in the manner 

prescribed by the law of the State for the service of process on any 

such persons, or

    (A) If upon a State or local unit of government, or a State or local 

department, agency, corporation or other instrumentality, by delivering 

a copy of the complaint to the chief executive officer thereof; or

    (B) If upon a State or local officer by delivering a copy to such 

officer.

    (v) Proof of service of the complaint shall be made by affidavit of 

the person making personal service, or by properly executed return 

receipt. Such proof of service shall be filed with the complaint 

immediately upon completion of service.

    (2) The first page of every pleading, letter, or other document 

shall contain a caption identifying the respondent and the docket number 

which is exhibited on the complaint.

    (3) The original of any pleading, letter, or other document (other 

than exhibits) shall be signed by the party filing it or by his 

representative. The signature constitutes a representation by



[[Page 233]]



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.

    (4) The initial document filed by any person shall contain his name, 

address and telephone number. Any changes in this information shall be 

communicated promptly to the Hearing Clerk, Presiding Officer, and all 

parties to the proceeding. A party who fails to furnish such information 

and any changes thereto shall be deemed to have waived his right to 

notice and service under these rules.