[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 8CFR103.5a]



[Page 51-52]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents

 

Sec. 103.5a  Service of notification, decisions, and other papers by 

the Service.



    This section states authorized means of service by the Service on 

parties and on attorneys and other interested persons of notices, 

decisions, and other papers (except warrants and subpoenas) in 

administrative proceedings before Service officers as provided in this 

chapter.

    (a) Definitions--(1) Routine service. Routine service consists of 

mailing a copy by ordinary mail addressed to a person at his last known 

address.

    (2) Personal service. Personal service, which shall be performed by 

a Government employee, consists of any of the following, without 

priority or preference:

    (i) Delivery of a copy personally;

    (ii) Delivery of a copy at a person's dwelling house or usual place 

of abode by leaving it with some person of suitable age and discretion;

    (iii) Delivery of a copy at the office of an attorney or other 

person, including a corporation, by leaving it with a person in charge;

    (iv) Mailing a copy by certified or registered mail, return receipt 

requested, addressed to a person at his last known address.

    (3) Personal service involving notices of intention to fine. In 

addition to any of the methods of personal service listed in paragraph 

(a)(2) of this section, personal service of Form I-79, Notice of 

Intention to Fine, may also consist of delivery of the Form I-79 by a 

commercial delivery service at the carrier's address on file with the 

National Fines Office, the address listed on the Form I-849, Record for 

Notice of Intent to Fine, or to the office of the attorney or agent 

representing the carrier, provided that such a commercial delivery 

service requires the addressee or other responsible party accepting the 

package to sign for the package upon receipt.

    (b) Effect of service by mail. Whenever a person has the right or is 

required to do some act within a prescribed period after the service of 

a notice upon him and the notice is served by mail, 3 days shall be 

added to the prescribed period. Service by mail is complete upon 

mailing.

    (c) When personal service required--(1) Generally. In any proceeding 

which is initiated by the Service, with proposed adverse effect, service 

of the initiating notice and of notice of any decision by a Service 

officer shall be accomplished by personal service, except as provided in 

section 239 of the Act.

    (2) Persons confined, minors, and incompetents--(i) Persons 

confined. If a person is confined in a penal or mental institution or 

hospital and is competent to understand the nature of the proceedings 

initiated against him, service shall be made both upon him and upon the 

person in charge of the



[[Page 52]]



institution or the hospital. If the confined person is not competent to 

understand, service shall be made only on the person in charge of the 

institution or hospital in which he is confined, such service being 

deemed service on the confined person.

    (ii) Incompetents and minors. In case of mental incompetency, 

whether or not confined in an institution, and in the case of a minor 

under 14 years of age, service shall be made upon the person with whom 

the incompetent or the minor resides; whenever possible, service shall 

also be made on the near relative, guardian, committee, or friend.

    (d) When personal service not required. Service of other types of 

papers in proceedings described in paragraph (c) of this section, and 

service of any type of papers in any other proceedings, may be 

accomplished either by routine service or by personal service.



[37 FR 11470, June 8, 1972, as amended at 39 FR 23247, June 27, 1974; 62 

FR 10336, Mar. 6, 1997; 64 FR 17944, Apr. 13, 1999]