(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) If service of notice as prescribed by subsection (a) of this section is impossible or cannot be accomplished, then notice may be made through publication of a notice of hearing once a week for two successive weeks in a newspaper published in the county of the last known place of practice of the person entitled to notice if the county is known. If the person is not currently practicing in Texas as evidenced by information in the agency files, or if the last county of practice is unknown, publication shall be in a newspaper in Travis County. When publication of notice is used, the date of hearing may not be less than ten days after the date of the last required publication of notice. Proof of publication may be accomplished by affidavit of a representative or record custodian of the publisher indicating the required publication or by introduction and admission into evidence of copies of the required notices published for purposes of service.
- (c) Service of 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.