§ 308.11 Service of papers. ( a ) *By the parties.* Except as otherwise provided, a party filing papers must serve a copy upon the counsel of record for all other parties to the proceeding so represented, and upon any party not so represented.
( b ) *Method of service.* Except as provided in paragraphs (c)(2) and (d) of this section, a serving party must use one of the following methods of service: ( 1 ) Electronic mail or other electronic means;
( 2 ) Personal service;
( 3 ) Delivering the papers by same day courier service or overnight delivery service; or
( 4 ) Mailing the papers by first class, registered, or certified mail.
( c ) *By the Board of Directors or the ALJ.* ( 1 ) All papers required to be served by the Board of Directors or the ALJ upon a party who has appeared in the proceeding in accordance with § 308.6 will be served by electronic mail or other electronic means designated by the Board of Directors or ALJ.
( 2 ) If a respondent has not appeared in the proceeding in accordance with § 308.6, the Board of Directors or the ALJ will serve the respondent by any of the following methods: ( i ) By personal service;
( ii ) If the person to be served is an individual, by delivery to a person of suitable age and discretion at the physical location where the individual resides or works;
( iii ) If the person to be served is a corporation or other association, by delivery to an officer, managing or general agent, or to any other agent authorized by appointment or by law to receive service and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the respondent;
( iv ) By registered or certified mail, delivery by a same day courier service, or by an overnight delivery service to the respondent's last known mailing address; or
( v ) By any other method reasonably calculated to give actual notice.
( d ) *Subpoenas.* Service of a subpoena may be made: ( 1 ) By personal service;
( 2 ) If the person to be served is an individual, by delivery to a person of suitable age and discretion at the physical location where the individual resides or works;
( 3 ) If the person to be served is a corporation or other association, by delivery to an officer, managing or general agent, or to any other agent authorized by appointment or by law to receive service and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the party;
( 4 ) By registered or certified mail, delivery by a same day courier service, or by an overnight delivery service to the person's last known mailing address; or
( 5 ) By any other method reasonably calculated to give actual notice.
( e ) *Area of service.* Service in any state, territory, possession of the United States, or the District of Columbia, on any person or company doing business in any state, territory, possession of the United States, or the District of Columbia, or on any person as otherwise provided by law, is effective without regard to the place where the hearing is held, provided that if service is made on a foreign bank in connection with an action or proceeding involving one or more of its branches or agencies located in any state, territory, possession of the United States, or the District of Columbia, service must be made on at least one branch or agency so involved.