1. (a) A written notice or document required to be given shall be delivered personally, by mail, or by facsimile transmission to a party or representative at the address provided by the party or representative under section 616.2.

   1. (1) Documents that exceed ten pages, including attachments, shall not be served upon or filed with the board or hearing officer by facsimile transmission.

2. (b) Delivery by mail may include:

   1. (1) first-class mail via the United States Postal Service;
   2. (2) registered mai via the United States Postal Service;
   3. (3) certified mail via the United States Postal Service; and
   4. (4) mail delivery service.
3. (c) A notice or document delivered personally shall be considered filed, served and received on the date of delivery.

4. (d) A notice or document delivered by mail shall be considered filed or served on the mailing date if:

   1. (1) the postage was prepaid; and
   2. (2) the envelope containing the notice or document was addressed correctly.
5. (e) The mailing date shall be presumed to be the date of the postmark or the date the envelope containing the notice or document was accepted by a mail delivery service if the mailing complied with subsection (d)(1) and (2).
6. (f) A notice or document delivered by mail shall be presumed to be received five days after the mailing date if the mailing complied with subsection (d)(1) and (2).

7. (g) A notice or document delivered by facsimile shall be presumed to be filed, served and received upon completion of the facsimile transmission.

   1. (1) Documents for which the facsimile transmission is not completed before 5:00 p.m. shall be presumed to be filed, served and received at 8:00 a.m. the next day.
8. (h) The party serving or filing the notice or document has the burden of proving that the party complied with this section.

Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 11440.20, 13963 and 13973, Government Code; and Sections 10306 and 12102(h), Public Contract Code.

History

1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.

2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).

3. Editorial correction repealing erroneous History 2 and renumbering and amending former History 3 to History 2 (Register 99, No. 12).