[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1303.5]



[Page 106]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1303_APPEAL PROCEDURES FOR HEAD START GRANTEES AND CURRENT OR PROSPECTIVE DELEGATE AGENCIES--Table of Contents

 

                            Subpart A_General

 

Sec.  1303.5  Service of process.



    Whenever documents are required to be filed or served under this 

part, or notice provided under this part, certified mail shall be used 

with a return receipt requested. Alternatively, any other system may be 

used that provides proof of the date of receipt of the documents by the 

addressee. If this regulation is not complied with, and if a party 

alleges that it failed to receive documents allegedly sent to it, there 

will be a rebuttable presumption that the documents or notices were not 

sent as required by this part, or as alleged by the party that failed to 

use the required mode of service. The presumption may be rebutted only 

by a showing supported by a preponderance of evidence that the material 

was in fact submitted in a timely manner.