Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-2 - Procedure in Cases before the Board › Section 4906-2-05 - Service of pleadings and other papers

Current through all regulations passed and filed through July 1, 2024
(A)
								 Unless otherwise
			 ordered by the board or the administrative law judge, all pleadings or papers
			 filed with the board subsequent to the original filing or board entry
			 initiating the proceeding shall be served upon all parties no later than the
			 date of filing. Such pleadings or other papers shall contain a certificate of
			 service. The certificate of service shall state the date and manner of service,
			 identify the names of the persons served, and be signed by the attorney or the
			 party who files the document. The certificate of service for a document served
			 by mail or personal service also shall include the address of the person
			 served. The certificate of service for a document served by fax also shall
			 include the fax number of the person to whom the document was transmitted. The
			 certificate of service for a document served by email also shall include the
			 email address of the person to whom the document was sent.
(B)
								 If an e-filing
			 is accepted by the docketing division, an email notice of the filing will be
			 sent by the docketing division's e-filing system to all persons who have
			 electronically subscribed to the case. The email notice will constitute service
			 of the document upon the recipient. Upon receiving notice that an e-filing has
			 been accepted by the docketing division, the filer shall serve copies of the
			 document in accordance with this rule upon all other parties to the case who
			 are not served via the email notice. A person making an e-filing shall list in
			 the certificate of service included with the e-filing the parties who will be
			 served by email notice by the docketing division's e-filing system and the
			 parties who will be served by traditional methods by the person making the
			 filing. The certificate of service for an e-filed document shall include the
			 following notice: The docketing division's e-filing system will electronically
			 serve notice of the filing of this document on the following parties: (list the
			 names of the parties referenced on the service list of the docket card who have
			 electronically subscribed to the case). The docketing division shall serve all
			 parties to a proceeding with copies of the staff report in a
			 proceeding.
(C)
								 If a party has entered an appearance through an
			 attorney, service of pleadings or other papers shall be made upon the attorney
			 instead of the party. If the party is represented by more than one attorney,
			 service need only be made upon the "counsel of record" designated under rule
			 4906-2-26
			 of the Administrative Code.
(D)
								 Service upon an
			 attorney or party may be personal, by mail, by fax, or by email. Personal,
			 facsimile transmission, or electronic message service made after five-thirty
			 p.m. shall be considered complete on the next business day.
(1)
									 Personal service
			 is complete by delivery of the copy to the attorney or to a responsible person
			 at the office of the attorney. Personal service to a party not represented by
			 an attorney is complete by delivery to the party or to a responsible person at
			 the address provided by the party in its pleadings.
(2)
									 Service by mail
			 to an attorney or party is complete by mailing a copy to his or her last known
			 address. If the attorney or party to be served has previously filed and served
			 one or more pleadings or documents in the proceeding, the term "last known
			 address" means the address set forth in the most recent pleading or
			 document.
(3)
									 Service of a document to an attorney or party by fax
			 may be made only if the person to be served has consented to receive service of
			 the document by fax. Service by fax is complete upon the sender receiving a
			 confirmation generated by the sender's fax equipment that the fax has been
			 sent. The sender shall retain the confirmation as proof of service until the
			 case is completed.
(4)
									 Service of a document by email to an attorney or party
			 may be made only if the person to be served has consented to receive service of
			 the document by email. Service by email is complete upon the sender receiving a
			 confirmation generated by the sender's computer that the email has been sent.
			 The sender shall retain the confirmation as proof of service until the case is
			 completed.