Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.08 - Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any party initiating a proceeding shall serve copies of all documents on all statutory parties personally or by registered or certified mail return receipt requested.
(2) Any party or other person shall serve any other documents being filed subsequently with DHA on all other parties and all other persons participating in the proceeding. These documents shall be served personally or by first class mail.
(3) Service of copies of documents initiating a proceeding is complete at the time of personal service or, if service is made by mail, upon receipt. Service of all subsequent documents is complete at the time of personal service or, if service is by mail, upon mailing.
(4) Whenever an attorney has entered an appearance for a party in a proceeding before a hearing officer or the Commission, service thereafter shall be made upon the attorney.
(5) Service by publication.
(a) This rule applies where the identity or the residence of a party is unknown, where a resident party has been absent from his residence for more than thirty (30) days since the filing of the action, appeal or petition for review and where a party avoids service or it is believed that the party would avoid service should his whereabouts be known.
(b) Procedure for publication in actions governed by this rule.
1. Before service by publication can be made in an action an affidavit of a party or his counsel shall be filed with the DHA averring that the party avoids service or it is believed that the party would avoid or attempt to avoid service should his whereabouts be known, averring facts of such avoidance or belief of such avoidance or attempt to avoid, and
(i) Service of notice of the action, appeal or petition for review cannot be made because either the residence is unknown to the affiant and cannot with reasonable diligence be determined, or
(ii) The identity of the party is unknown, or
(iii) The resident party has been absent for more than thirty (30) days since the filing of the action, appeal or petition for review.
2. Upon filing of the affidavit the DHA shall direct that service of notice be made by publication in a newspaper of general circulation in the county where the event giving rise to the action, appeal or petition for review took place. If no newspaper of general circulation is published in that county, then publication shall be in a newspaper of general circulation in an adjoining county.
3. The publication shall:
(i) Contain a summary statement of the object of the action, appeal or petition for review and the demand for relief;
(ii) Notify the person to be served that he is required to answer within thirty (30) days after the last publication on or before a date certain specified in the notice which said date shall be thirty (30) days after the date of last publication; and
(iii) Be published at least once a week for four (4) successive weeks.
(iv) Service shall be complete at the date of the last publication.
(v) After last publication, the publisher or his agent shall file with DHA an affidavit showing the fact of publication together with a copy of the notice of publication. The affidavit and copy of the notice shall constitute proof of service.
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