[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR79.26]



[Page 291]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.26  Form, filing and service of papers.



    (a) Form. (1) Documents filed with the ALJ shall include an original 

and two copies.

    (2) Every pleading and paper filed in the proceeding shall contain a 

caption setting forth the title of the action, the case number assigned 

by the ALJ, and a designation of the paper (e.g., motion to quash 

subpoena).

    (3) Every pleading and paper shall be signed by, and shall contain 

the address and telephone number of, the party or the person on whose 

behalf the paper was filed, or his or her representative.

    (4) Papers are considered filed when they are mailed. Date of 

mailing may be established by a certificate from the party or its 

representative or by proof that the document was sent by certified or 

registered mail.

    (b) Service. A party filing a document with the ALJ shall, at the 

time of filing, serve a copy of such document on every other party. 

Service upon any party of any document other than those required to be 

served as prescribed in Sec.  79.8 shall be made by delivering a copy or 

by placing a copy of the document in the United States mail, postage 

prepaid, and addressed to the party's last known address. When a party 

is represented by a representative, service shall be made upon such 

representative in lieu of the actual party.

    (c) Proof of service. A certificate of the individual serving the 

document by personal delivery or by mail, setting forth the manner of 

service, shall be proof of service.