- (a) Every pleading, plea, or motion, filed with the division of hearings shall be served by delivering a copy to all party representatives of record either in person or by agent or by courier receipted delivery or by certified or registered mail, to the party's current address of record, or by facsimile to the recipient's current telecopier number of record. All party representatives shall be served by the same method as the document was filed with the agency. Service by facsimile may be substituted for personal service.
- (b) All other communications not specified in §157.1047 of this title (relating to Classification of Pleadings) filed with the division of hearings may be served by first class mail.
- (c) Service by mail shall be complete upon deposit of the paper, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service.
- (d) Service by facsimile completed after midnight local time of the recipient shall be deemed served on the following day.
- (e) The party representative shall certify to the hearings examiner compliance with this rule in writing over the signature of the party representative on the filed instrument.
Source Note:The provisions of this §157.1049 adopted to be effective April 7, 1993, 18 TexReg 1928.