SECTION 815.190. Service of a Notice of Assessment in General

(a) This section applies to a service of a notice of assessment under §213.032(a) of the Act.

(b) As used in this subchapter, service "in another manner that is reasonably calculated to give the employer notice of the assessment" shall be referred to as "substituted service."

(c) The Agency may attempt all forms of service authorized by the Act. Additionally, the Agency may engage third-party designees to provide service, including a process server, sheriffs or constables, common carrier, or other courier service when attempting service, as applicable.

(d) Service by personal delivery and substituted service may be attempted at addresses other than the address as shown by Agency records, including those designated under Texas Business Organizations Code, Chapter 5 and from third-party background and reporting agencies, online searches, and other government records.

(e) When collecting an overpayment of benefits from a claimant through a notice of assessment, as authorized by §212.006(b) and §214.002(a)(3) of the Act, the term "claimant" shall be substituted for the terms "employer" and "defaulting employer" found in Chapter 213, Subchapters C and D of the Act, as applicable. Collection by making a claimant assessment is limited to the third anniversary after the benefit overpayment becomes final except as otherwise tolled by §213.033 of the Act.

(f) A party seeking to contest service shall do so under §213.032(c) of the Act.

Source Note: The provisions of this §815.190 adopted to be effective January 9, 2023, 48 TexReg 54