[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR4.4]

[Page 91-92]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 4_MISCELLANEOUS RULES--Table of Contents
 
Sec. 4.4  Service.

    (a) By the Commission. (1) Service of complaints, initial decisions, 
final orders and other processes of the Commission under 15 U.S.C. 45 
may be effected as follows:
    (i) By registered or certified mail. A copy of the document shall be 
addressed to the person, partnership, corporation or unincorporated 
association to be served at his, her or its residence or principal 
office or place of business, registered or certified, and mailed; 
service under this provision is complete upon delivery of the document 
by the Post Office; or
    (ii) By delivery to an individual. A copy thereof may be delivered 
to the person to be served, or to a member of the partnership to be 
served, or to the president, secretary, or other executive officer or a 
director of the corporation or unincorporated association to be served; 
service under this provision is complete upon delivery as specified 
herein; or
    (iii) By delivery to an address. A copy thereof may be left at the 
principal office or place of business of the person, partnership, 
corporation, or unincorporated association, or it may be left at the 
residence of the person or of a member of the partnership or of an 
executive officer or director of the corporation, or unincorporated 
association to be served; service under this provision is complete upon 
delivery as specified herein.
    (2) All other orders and notices, including subpoenas, orders 
requiring access, orders to file annual and special reports, and notices 
of default, may be served by any method reasonably certain to inform the 
affected person, partnership, corporation or unincorporated association, 
including any method specified in paragraph (a)(1), except that civil 
investigative demands may only be served in the manner provided by 
section 20(c)(7) of the FTC Act (in the case of service on a 
partnership, corporation, association, or other legal entity) or section 
20(c)(8) of the FTC Act (in the case of a natural person). Service under 
this provision is complete upon delivery by the Post Office or upon 
personal delivery.
    (3) All documents served in adjudicative proceedings under the 
Commission's Rules of Practice, 16 CFR Part 3, other than complaints and 
initial, interlocutory, and final decisions and orders, may be served by 
personal delivery (including delivery by courier), or by first-class 
mail, and shall be deemed served on the day of personal delivery or the 
day of mailing.
    (4) When a party has appeared in a proceeding by an attorney, 
service on that individual of any document pertaining to the proceeding 
other than a complaint shall be deemed service upon the party. However, 
service of those documents specified in paragraph (a)(1) of this section 
shall first be attempted in accordance with the provision of paragraphs 
(a)(1) (i), (ii), and (iii) of this section.
    (b) By other parties. Service of documents by parties other than the 
Commission shall be by delivering copies thereof as follows: Upon the 
Commission, by personal delivery (including delivery by courier) or 
delivery by first-class mail to the Office of the Secretary of the 
Commission and, in adjudicative proceedings under the Commission's Rules 
of Practice, 16 CFR Part 3, to the lead complaint counsel, the Assistant 
Director in the Bureau of Competition, the Associate Director in the 
Bureau of Consumer Protection, or the Director of the Regional Office of 
complaint counsel, with a copy to the Administrative Law Judge. Upon a 
party other than the Commission or Commission counsel, service shall be 
by personal delivery (including delivery by courier) or delivery by 
first-class mail with a copy to the Administrative Law Judge. If the 
party is an individual or partnership, delivery

[[Page 92]]

shall be to such individual or a member of the partnership; if a 
corporation or unincorporated association, to an officer or agent 
authorized to accept service of process therefor. Personal service 
includes handling the document to be served to the individual, partner, 
officer, or agent; leaving it at his or her office with a person in 
charge thereof; or, if there is no one in charge or if the office is 
closed or if the party has no office, leaving it at his or her dwelling 
house or usual place of abode with some person of suitable age and 
discretion then residing therein. Documents served in adjudicative 
proceedings under part 3 of the Commission's Rules of Practice shall be 
deemed served on the day of personal service or the day of mailing. All 
other documents shall be deemed served on the day of personal service or 
on the day of delivery by the Post Office.
    (c) Proof of service. In an adjudicative proceeding under the 
Commission's Rules of Practice, 16 CFR Part 3, papers presented for 
filing shall contain proof of service in the form of a statement of the 
date and manner of service and of the names of the persons served, 
certified by the person who made service. Proof of service must appear 
on or be affixed to the papers filed.

[50 FR 28097, July 10, 1985, as amended at 66 FR 17633, Apr. 3, 2001; 66 
FR 20527, Apr. 23, 2001]