804 C.M.R. 1.16 – Service and Notice

(1) Service by the Commission.
1. (a) Manner of Service. The Commission may serve any document, including the complaint, in a manner reasonably calculated to ensure receipt including, but not limited to, service through the MCAD Case Portal, by U.S. Mail, personal service, or service via email.
2. (b) Service of the Complaint upon Respondent. Notice of the complaint shall be deemed sufficient and a respondent shall be deemed properly served with the complaint when:
  1. 1. A complaint is served on a respondent who is a registered user of the MCAD Case Portal through the MCAD Case Portal;
  2. 2. A respondent registers as a user in the MCAD Case Portal in response to the complaint after service by any means;
  3. 3. An attorney for a respondent enters an appearance through the MCAD Case Portal in response to the complaint after service by any means;
  4. 4. A certified mail receipt is returned from a legal entity or their agent authorized to accept service; or
  5. 5. Service is via personal service.
(2) Sufficient Notice after Service of the Complaint. After service of the complaint, all registered users of the MCAD Case Portal shall be notified of case documents and proceedings through system notifications sent to their registered email addresses, in accordance with the parties' obligation to keep contact information up to date and accurate pursuant to 804 CMR 1.15(1). System notifications shall constitute sufficient notice of the content communicated within the notifications or attached thereto. If a party does not register or participate as a user in the MCAD Case Portal after proper service of the complaint, either because they are authorized to use alternative means of filing and case access pursuant to 804 CMR 1.15(15) or because of a failure to participate in the investigation or adjudication of a complaint after service, the party shall be deemed on notice of every document served by the Commission or the parties to the party's last known address.
(3) Service by the Parties.
1. (a) Service through the MCAD Case Portal. Filing a document through the MCAD Case Portal is deemed served on all parties and representatives who are registered users of the MCAD Case Portal. No certificate of service is required for such filings.
2. (b) Service Other than through the MCAD Case Portal. Where service is made by any means other than through the MCAD Case Portal, the serving party shall include a certificate of service with the document. The certificate shall state the date and manner of service and the parties served. Service outside the MCAD Case Portal includes but is not limited to the following:
  1. 1. Post-probable Cause Motion Practice. Where motions, oppositions, replies, or sur-replies must be served on opposing parties prior to filing the motion package under 804 CMR 1.13(4), service shall be made in accordance with that section.
  2. 2. Discovery. Discovery documents shall not be served through the MCAD Case Portal, except for notices of non-party subpoenas filed pursuant to 804 CMR 1.14(1)(f). All discovery documents served shall include a certificate of service.
3. (c) Alternative Means of Filing, Case Access, and Communication with the Commission. Where the Commission authorizes a party to use alternative means for filing, case access, or communication with the Commission pursuant to 804 CMR 1.15(15), service on that party shall comply with the Commission's order and all such service shall include a certificate of service on every document.