SECTION 1.25. Procedure for Service of Documents

(a) On the date that a party files a document, other than a petition, with the executive director, the party shall also serve a copy of the document on the judge and each party or the party's authorized representative. If the judge has designated a department employee as a party in the case, the Office of the Attorney General is the employee's authorized representative and service must be made on the Office of the Attorney General rather than the employee.

(b) Service of the document on the judge must be in accordance with SOAH rules. To any person other than the judge, service of the document must be made by:

(1) hand-delivery;

(2) regular, certified, or registered mail;

(3) overnight delivery service; or

(4) electronic mail, if the parties have agreed to that manner of service.

(c) A person who files a document must include with the document a certificate of service that certifies compliance with this section.

(d) If a certificate of service is not included with the document, the executive director may:

(1) return the document;

(2) send notice of noncompliance to all parties, stating the document will not be considered until all parties have been served; or

(3) send a copy of the document to the judge and all parties.

Source Note: The provisions of this §1.25 adopted to be effective November 18, 2010, 35 TexReg 10053; amended to be effective October 17, 2018, 43 TexReg 6848