1. (a) By the Arkansas Public Service Commission.

   1. (1) Process issued by the Arkansas Public Service Commission as well as notices, complaints, rules, orders, and rules of the Arkansas Public Service Commission may be served by any person authorized to serve process issued out of courts of law by:

      1. (A) Mail;
      2. (B) Facsimile;
      3. (C) Commercial delivery service;
      4. (D) Electronic mail; or
      5. (E) Other method as directed by the Arkansas Public Service Commission.

   2. (2) Where service is by mail, a duplicate of the instrument served shall be enclosed upon which duplicate the person served shall:

      1. (A) Endorse the date of his or her receipt of the original; and
      2. (B) Promptly return the duplicate to the Arkansas Public Service Commission.

   3. (3) Where service is by electronic mail, the secretary shall:

      1. (A) Request a read receipt or similar process to indicate reception of the electronic mail; and
      2. (B) Preserve the receipt until the docket is closed.
   4. (4) The recipient shall have the duty to acknowledge receipt of the electronic mail.

2. (b) By parties.

   1. (1) Except for a pleading that initiates a docket and unless otherwise provided in this part or by Arkansas Public Service Commission order, all documents a party files shall include a certificate:

      1. (A) Showing simultaneous service of the document upon all persons on the official service list; and
      2. (B) Noting the:

3. (i) Name of each; and

   1. (ii) Method and date of service.

   2. (2) Service shall be made by:

      1. (A) Electronic mail via EFS;
      2. (B) Electronic mail;
      3. (C) Personal delivery;
      4. (D) Properly addressed first-class mail or commercial delivery service with charges prepaid;
      5. (E) Facsimile transmission; or
      6. (F) Other method approved by the Arkansas Public Service Commission.

   3. (3)

      1. (A) Service of formal discovery documents shall be made by electronic mail for persons on the official service list with electronic mail unless such service is impractical because of technical limitations, in which case service shall be made by the next most prompt means reasonably available.

      2. (B) Service of formal discovery documents shall be made pursuant to subdivision (b)(2) of this section for persons on the official service list without electronic mail.

         1. (c) Service is presumptively complete as follows:
   4. (1) When the document is filed and sent to the persons on the official service list with an electronic mail address by the secretary via the EFS;
   5. (2) By electronic mail upon sending to the electronic mail address on the official service list;
   6. (3) By facsimile upon sending to the facsimile number on the official service list;
   7. (4) By personal delivery upon delivery to the address on the official service list;
   8. (5) By mail upon mailing to the address on the official service list; or
   9. (6) By commercial delivery service upon depositing the papers with the commercial delivery company properly addressed to the address on the official service list.

Codification Notes: This section was promulgated as Rule 3.07 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.