- (a) Personal service. Where personal service of notice by the agency is required, the agency shall mail the same, certified or registered mail, to the last known place of address of the person entitled to receive such notice or an employee of the agency may personally deliver a copy of such notice to such person.
- (b) Service of pleadings. A copy of any protest, reply, answer, motion, or other pleading filed by any party in any proceeding subsequent to the institution thereof shall be mailed or otherwise delivered by the party filing the same to every other party of record. If any party has appeared in the proceeding by attorney or other representative authorized under these rules to make appearances, service shall be make upon such attorney or other representative. The willful failure of any party to make such service shall be sufficient grounds for the entry of an order by the board, the executive director, the hearing officer or the designated officer (whoever hears the matter), striking the protest, reply, answer, motion, or other pleading from the record.
- (c) Certificate of service. A certificate by the party, attorney, or representative who files a pleading, stating that it has been served on the other parties, shall be prima facie evidence of such service. The following form of certificate will be sufficient in this connection: I hereby certify that I have this __________ day of _______________, 19____, served copies of the foregoing (pleading, etc.) upon all other parties to this proceeding, by (here state the manner of service). Signature.
Source Note:The provisions of this §107.17 adopted to be effective January 1, 1976.