§ 20.304 Service of documents.
(a) The ALJ shall serve upon each party to the proceeding a copy of each document issued by the ALJ in it. The ALJ shall serve upon each interested person, as determined under § 20.404, a copy of the notice of hearing. Unless this part provides otherwise, the ALJ shall upon request furnish to each such interested person a copy of each document filed with the Hearing Docket Clerk or issued by the ALJ.
(b) Unless the ALJ orders otherwise, each person filing a document with the Hearing Docket Clerk shall serve upon each party a copy of it.
(c) If a party filing a document must serve a copy of it upon each party, each copy must bear a certificate of service, signed by or on behalf of the filing party, stating that she or he has so served it. The certificate shall be in substantially the following form:
I hereby certify that I have served the foregoing document[s] upon the following parties (or their designated representatives) to this proceeding at the addresses indicated by [specify the method]:
(1) [name, address of party]
(2) [name, address of party]
Done at __________, this ____ day of ______, 19__ or 20__.
[Signature]
For
[Capacity].
(d) This table describes how to serve filed documents.
Table 1 to § 20.304(d)—How To Serve Filed Documents
| Type of filed
document |
Acceptable methods of service |
|---|---|
| (1) Complaint | (i) Certified mail, return receipt requested; Priority mail with signature confirmation; or Express Mail with signature confirmation.
(ii) Personal delivery. (iii) Express-courier service that has receipt capability. |
| (2) Default motion | (i) Certified mail, return receipt requested; Priority mail with signature confirmation; or Express Mail with signature confirmation.
(ii) Personal delivery. (iii) Express-courier service that has receipt capability. |
| (3) Answer | (i) Mail.
(ii) Personal delivery. (iii) Express-courier service. (iv) Fax. |
| (4) Any other filed document | (i) Mail.
(ii) Personal delivery. (iii) Express-courier service. (iv) Fax. (v) Other electronic means (at the discretion of the ALJ). |
(e)
(1) Unless the ALJ orders otherwise, if a party files a document under § 20.302, the party must serve a copy to the person indicated in this table.
Table 1 to § 20.304(e)—Who Receives Copies of Filed Documents
| If a party— | Then the serving party must serve— |
|---|---|
| Is represented | The counsel or other representative. |
| Is not represented | The party. |
(2) Service upon counsel or representative constitutes service upon the person to be served.
(f) The serving party must send service copies to the address indicated in this table.
Table 1 to § 20.304(f)—Where To Send Service Copies
| If the party— | Then the serving party must send the copies to— |
|---|---|
| Is represented | The address of the counsel or representative. |
| Is not represented | The last known address of the residence or principal place of business of the person to be served. |
(g) This table describes when service of a filed document is complete.
Table 1 to § 20.304(g)—When Service Is Complete
| If method of service used is— | Then service is complete when the document is— |
|---|---|
| (1) Personal delivery (Complaint or Default Motion) | (i) Handed to the person to be served.
(ii) Delivered to the person's office during business hours. (iii) Delivered to the person's residence and service made to a person of suitable age and discretion residing at the individual's residence. |
| (2) Personal delivery (all other filed documents) | (i) Handed to the person to be served.
(ii) Delivered to the person's office during business hours. (iii) Delivered to the person's residence and deposited in a conspicuous place. |
| (3) Certified Mail, Priority Mail, Express Mail, or express-courier (Complaint or Default Motion) | (i) Delivered to the person's residence and signed for by a person of suitable age and discretion residing at the individual's residence.
(ii) Delivered to the person's office during business hours and signed for by a person of suitable age and discretion. |
| (4) Mail or express-courier service (all other filed documents) | (i) Mailed (postmarked).
(ii) Deposited with express-courier service. |
| (5) Fax or other electronic means | Transmitted. |
(h) If a person refuses to accept delivery of any document or fails to claim a properly addressed document other than a complaint sent under this subpart, the Coast Guard considers the document served anyway. Service is valid at the date and the time of mailing, of deposit with a contract service or express-courier service, or of refusal to accept delivery.
[CGD 98–3472, 64 FR 28062, May 24, 1999; 64 FR 34540, June 28, 1999, as amended by USCG–2000–7223, 65 FR 40054, June 29, 2000; USCG–2016–0498, 82 FR 35079, July 28, 2017]
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