[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.6]

[Page 260]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
      Subpart A_Scope of Rules; Definitions and General Provisions
 
Sec.  386.6  Service.

    (a) General. All documents must be served upon the party or the 
party's designated agent for service of process. If a notice of 
appearance has been filed in the specific case in question in accordance 
with Sec.  386.4, service is to be made on the party's attorney of 
record or its designated representative.
    (b) Type of service. A person may serve documents by personal 
delivery utilizing governmental or commercial entities, U.S. mail, 
commercial mail delivery, and upon prior written consent of the parties, 
facsimile. Written consent for facsimile service must specify the 
facsimile number where service will be accepted. When service is made by 
facsimile, a copy will also be served by any other method permitted by 
this section. Facsimile service occurs when transmission is complete.
    (c) Certificate of service. A certificate of service will accompany 
all documents served in a proceeding under this Part. The certificate 
must show the date and manner of service, be signed by the person making 
service, and list the persons served in accordance with Sec.  386.7.
    (d) Date of service. A document will be considered served on the 
date of personal delivery; or if mailed, the mailing date shown on the 
certificate of service, the date shown on the postmark if there is no 
certificate of service, or other mailing date shown by other evidence if 
there is no certificate of service or postmark.
    (e) Valid service. A properly addressed document, sent in accordance 
with this subpart, which was returned, unclaimed, or refused, is deemed 
to have been served in accordance with this subpart. The service will be 
considered valid as of the date and the time the document was mailed, or 
the date personal delivery of the document was refused. Service by 
delivery after 5 p.m. in the time zone in which the recipient will 
receive delivery is deemed to have been made on the next day that is not 
a Saturday, Sunday, or legal holiday.
    (f) Presumption of service. There shall be a presumption of service 
if the document is served where a party or a person customarily receives 
mail or at the address designated in the entry of appearance. If an 
entry of appearance has been filed on behalf of the party, service is 
effective upon service of a document to its representative.

[70 FR 28480, May 18, 2005]

[[Page 261]]