Chapter 3.3. Occupational Safety and Health Appeals Board
Article 1.5. Service of Documents and Duty to Notify Others of Appeal and Hearing

§ 355.3. Service by Parties, Intervenors, Obligors, and Representatives.

(a) When a party, intervenor, obligor, or representative serves a document on another party, intervenor, obligor, or representative, that service shall occur by first-class postal mail, a carrier defined in subsection (b), or by personal service.

(b) A carrier will satisfy subsection (a) if it provides an alternative method that will effect service that is equivalent to or more expeditious than first-class mail. For purposes of this subsection, “an alternative method that will effect service that is equivalent to or more expeditious than first-class mail” shall be limited to either:

(1) Use of express (overnight) or priority mail; or

(2) Use of a bona fide commercial delivery service or attorney service promising delivery within two business days, as shown on the service's invoice or receipt.

(c) Service by postal mail is made by depositing the document in a post office, mailbox, or mail chute, or other like facility regularly maintained by the United States Postal Service, sealed, properly addressed, with first-class postage prepaid, or by deposit with a carrier as defined in subsection (b).

(d) Service is complete at the time of personal delivery or mailing.

(e) Proof of service shall be filed with the document and may be made by any of the following means:

(1) Affidavit or declaration of service by personal delivery, mail, or overnight courier; or

(2) Letter of transmittal.

(f) If a party, intervenor, obligor, or their representative responsible for serving the document(s) on another party, intervenor, obligor, or their representative, receives notification that the service to an intended recipient failed, the party responsible for sending the document(s) shall promptly re-serve the document on the intended recipient(s) using the method of service best calculated to result in valid service on the intended recipient(s).

(1) The server need not re-serve the document on intended recipients for whom the server did not receive notification of failed service.

(2) On re-service, the server shall execute a new proof of service in accordance with subsection (e) showing re-service on the intended recipient(s).

(g) By written stipulation of all parties, intervenors, and obligors, service between the parties may be by electronic methods.

(1) Unless otherwise stipulated, subsections (d) and (f) continue to apply to documents and things served between the parties.

Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5, 6603 and 6610, Labor Code.

HISTORY

1. New section filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).