[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 14CFR302.7]



[Page 278-279]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 302_RULES OF PRACTICE IN PROCEEDINGS--Table of Contents

 

                Subpart A_Rules of General Applicability

 

Sec. 302.7  Service of documents.



    (a) Who makes service--(1) The Department. Formal complaints, 

notices, orders, and similar documents issued by the Department will be 

served by the Department upon all parties to the proceeding.

    (2) The parties. Answers, petitions, motions, briefs, exceptions, 

notices, protests, or memoranda, or any other documents filed by any 

party or other person with the Department shall be served by such party 

or other person upon all parties to the proceeding in which it is filed; 

including, where applicable, all persons who have petitioned for 

intervention in, or consolidation of applications with, such proceeding. 

Proof of service shall accompany all documents when they are filed. The 

Department may require additional service of any document(s).

    (b) How service may be made. Service may be made by first class 

mail, express mail, priority mail, registered or certified mail, 

facsimile transmission, personal delivery, or by electronic mail. The 

Department may prescribe other means of service by order or notice. The 

means of service selected must be done in such manner so as to have the 

same attributes as section 46103 of the Statute, which provides for 

service of notices and processes in a proceeding by personal service or 

registered or certified mail.

    (c) Who may be served. Service upon a party or person may be made 

upon an individual, or upon a member of a partnership or firm to be 

served, or upon the president or other officer of the corporation, 

company, firm, or association to be served, or upon the assignee



[[Page 279]]



or legal successor of any of the foregoing, or upon any attorney of 

record for the party, or upon the agent designated by an air carrier or 

foreign air carrier under section 46103 of the Statute, but it shall be 

served upon a person designated by a party to receive service of 

documents in a particular proceeding in accordance with Sec. 

302.4(a)(2)(iv) once a proceeding has been commenced.

    (d) Where service may be made. Service shall be made at the 

principal place of business of the party to be served, or at his or her 

usual residence if he or she is an individual, or at the office of the 

party's attorney of record, or at the office or usual residence of the 

agent designated by an air carrier or foreign air carrier under section 

46103 of the Statute, or at the post office or electronic address or 

facsimile number stated for a person designated to receive service 

pursuant to Sec. 302.4(a)(2)(iv).

    (e) Proof of service. Proof of service of any document shall consist 

of one of the following:

    (1) A certificate of mailing executed by the person mailing the 

document.

    (2) A certificate of successful transmission executed by the person 

transmitting the document by facsimile or electronic mail, listing the 

facsimile numbers or electronic mail address to which the document was 

sent, and stating that no indication was received that any transmission 

had failed. In the event of an electronic transmission failure, any 

other authorized means of service may be substituted and the appropriate 

proof of service provided.

    (f) Date of service. The date of service by post office or 

electronic mail is the date of mailing. Whenever proof of service by 

personal delivery or facsimile transmission is made, the date of such 

delivery or facsimile transmission shall be the date of service.

    (g) Freely Associated State Proceedings. In any proceeding directly 

involving air transportation to the Federated States of Micronesia, the 

Marshall Islands, or Palau, the Department and any party or participant 

in the proceeding shall serve all documents on the President and the 

designated authorities of the government(s) involved. This requirement 

shall apply to all proceedings where service is otherwise required, and 

shall be in addition to any other service required by this chapter.