1205 SERVICE OF PAPERS

1205.1 Any paper required to be served upon a party shall be served upon him or her or upon the representative designated by him or her, or on any person otherwise designated by law to receive service of papers.1205.2 When a party has appeared through an attorney or representative, service shall be made upon the attorney or representative of record.1205.3 Service may be made by personal delivery, by mail, by email, or as otherwise authorized by law.1205.4 Service upon a party shall be completed as follows:- (a) By personal delivery: On handing the paper to the person to be served, or leaving it at his or her office with his or her administrative assistant or time clerk or other person in charge, or, if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, by leaving it at his or her usual place of residence with some person of suitable age and discretion then residing in that place;

- (b) By email: Upon sending the paper electronically to his or her email address or to the email address of his or her attorney or representative as listed on the written appearance submitted pursuant to § 1204.

- (c) By mail: On depositing the paper in the United States mail, properly stamped and addressed to the address provided by a person on any application for license or that appears on any license issued by the Chief; or

- (d) Upon being served in the specific manner prescribed by an order of the Board made in any proceeding.1205.5 Proof of service, stating the name and address of the person on whom served and the manner and date of service, shall be shown for each document served.1205.6 Proof of service may be made by filing with the Board any of the following:- (a) A written acknowledgment of the party served or his or her attorney of record;

- (b) A certificate of the attorney of record if he or she has made the service; or

(c) A certificate of the person making the service.

1205.7 For the purposes of this chapter, the phrase “filing with the Board,” means the actual or electronic delivery to, and physical or electronic receipt by, the Board of pleadings and other papers.

1205.8 All documents filed with the Board relating to a hearing shall bear a caption which identifies the appellant, the Board’s case or reference number, and the title of the pleading or document.

1205.9 All documents filed with the Board shall be printed on letter-sized paper using a font no smaller than twelve (12) point.

1205.10 The Board strongly encourages appellants to file and serve appeals by email to streamline and expedite the appeal process. If an appeal is filed with the Board by email, service upon the filing party may thereafter be made by email in all filings for that appeal, even if the email address of the filing party or his or her attorney was not listed on the written appearance submitted pursuant to § 1204. The party is responsible for ensuring that the Board has an accurate, up-to-date email address. In the case of a public emergency declared pursuant to Section 5 or 5a of the District of Columbia Public Emergency Act of 1980, effective October 7, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304 or 7-2304.01), that is in effect for over seven (7) days the Board may serve orders and notices on a party by email, even if the party’s email address was not listed on the written appearance submitted pursuant to § 1204, throughout the duration of the emergency and for a period equal to the duration of the emergency or ninety (90) calendar days, whichever is shorter, following the end of the public emergency. The party is responsible for ensuring that the Board has an accurate, up-to-date email address.

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 5402 (May 21, 2021).