[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR386.6]



[Page 250]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 

AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents

 

                  Subpart A_Scope of Rules; Definitions

 

Sec. 386.6  Service.



    Effective Date Note: At 70 FR 28480, May 18, 2005, Sec. Sec. 386.6 

was added, effective November 14, 2005.

    (a) General. All documents must be served upon the party or the 

party's designated agent for service of process. If a notice of 

appearance has been filed in the specific case in question in accordance 

with Sec. 386.4, service is to be made on the party's attorney of 

record or its designated representative.

    (b) Type of service. A person may serve documents by personal 

delivery utilizing governmental or commercial entities, U.S. mail, 

commercial mail delivery, and upon prior written consent of the parties, 

facsimile. Written consent for facsimile service must specify the 

facsimile number where service will be accepted. When service is made by 

facsimile, a copy will also be served by any other method permitted by 

this section. Facsimile service occurs when transmission is complete.

    (c) Certificate of service. A certificate of service will accompany 

all documents served in a proceeding under this Part. The certificate 

must show the date and manner of service, be signed by the person making 

service, and list the persons served in accordance with Sec. 386.7.

    (d) Date of service. A document will be considered served on 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) Valid service. A properly addressed document, sent in accordance 

with this subpart, which was returned, unclaimed, or 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 the document was mailed, or 

the date personal delivery of the document was refused. Service by 

delivery after 5 p.m. in the time zone in which the recipient will 

receive delivery is deemed to have been made on the next day that is not 

a Saturday, Sunday, or legal holiday.

    (f) Presumption of service. There shall be a presumption of service 

if the document is served where a party or a person customarily receives 

mail or at the address designated in the entry of appearance. If an 

entry of appearance has been filed on behalf of the party, service is 

effective upon service of a document to its representative.