- (a) Personal service. Service of process shall be made by hand delivery or by mailing notice of hearing by regular, registered or certified mail, or courier service to the person entitled to notice at the address of record by such an individual or otherwise in accordance with the APA and its subsequent amendments. A certificate of service indicating service in the manner provided for in this subsection shall be prima facie evidence of such service.
- (b) Service by regular mail. 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.
- (c) Service by publication. 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.
- (d) Service of documents in SOAH cases. 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 January 6, 2002, 26 TexReg 10867.