Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 1 - PURPOSE OF RULES, GENERAL PROVISIONS › Section 1.11 - Service on Judge, Parties, and Interested Persons

Current through Reg. 49, No. 28; July 12, 2024
(a) For responses and replies to responses
				concerning hearing requests filed under Chapter 55 of this title (relating to
				Requests for Reconsideration and Contested Case Hearings; Public Comment),
				copies of all documents filed with the chief clerk shall be served on the
				executive director, the public interest counsel, the applicant, and any persons
				filing hearing requests, no later than the day of filing.
(b) For contested case hearings referred to
				State Office of Administrative Hearings (SOAH), copies of all documents filed
				with the chief clerk shall be served on the judge and all parties or their
				representatives no later than the day of filing.
(c) All documents filed and served under
				these rules, except as otherwise expressly provided in these rules, may be
				served by delivering a copy to the party to be served, or the party's duly
				authorized agent or attorney of record, as the case may be, either in person or
				by agent or by courier-receipted delivery or by mail, to the party's last known
				address, or by telephonic document transfer to the recipient's current
				telecopier number, or by such other manner as the commission or judge in their
				discretion may direct.
(d) Except
				as provided by Texas Government Code, §
									2001.142
				regarding notification of a decision or order in a contested case, service by
				mail is complete three days after deposit of the document, 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. Service by
				courier-receipted delivery is complete upon the courier taking possession.
				Service by telephonic document transfer after 5:00 p.m. local time of the
				recipient shall be deemed served on the following day. Service by telephonic
				document transfer must be followed by serving an extra copy in person, by mail,
				or by carrier receipted delivery within one day. Judges may impose different
				service requirements in SOAH proceedings.
(e) Except as provided by Texas Government
				Code, §
									2001.142
				regarding notification of a decision or order in a contested case, whenever a
				party has the right or is required to do some act within a prescribed period
				after the service of a document upon the party and the document is served by
				mail or by telephonic document transfer, three days shall be added to the
				prescribed period. Three days will not be added when documents are filed for
				consideration in a commission meeting.
(f) The party or attorney of record shall
				certify compliance with this rule in writing over signature and on the filed
				instrument. A certificate by a party or an attorney of record, or the return of
				an officer, or the affidavit of any person showing service of a document shall
				be prima facie evidence of the fact of service.
(g) Nothing herein shall preclude any party
				from offering proof that the notice or instrument was not received, or, if
				service was by mail, that it was not received within three days from the date
				of deposit in a post office or official depository under the care and custody
				of the United States Postal Service, and upon so finding, the commission or
				judge may extend the time for taking the action required of such party or grant
				such other relief as they deem just. The provisions hereof relating to the
				method of service of notice are cumulative of all other methods of service
				prescribed by these rules.