22 Tex. Admin. Code § 187.26
Service in SOAH Proceedings
Effective Jan 25, 200631 TexReg 394Source Note: The provisions of this §187.26 adopted to be effective July 4, 2004, 29 TexReg 6091; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394.Texas Secretary of State
(a) Service of a notice of adjudicative hearing and Complaint shall be made by hand delivery, regular, registered or certified mail, courier service, or otherwise in accordance with the APA and the Rules of SOAH. The notice shall be delivered to the respondent at the address of record on file with the board. A certificate of service indicating service in the manner provided for in this subsection shall be prima facie evidence of proper service of notice of adjudicative hearing.
- (1) Service by hand delivery shall be complete upon hand delivery to the respondent or respondent's agent at the respondent's address of record.
- (2) 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.
- (3) Service by courier service shall be complete upon deposit of the paper, enclosed in a properly addressed wrapper, in a depository under the care and custody of a courier service, with payment under a contract with the board.
- (b) Service of other documents in contested cases pending before SOAH shall be governed by the rules of SOAH.
Source Note:The provisions of this §187.26 adopted to be effective July 4, 2004, 29 TexReg 6091; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394.