(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 facsimile transmission also shall include the facsimile number of the person to whom the document was transmitted. The certificate of service for a document served by electronic message also shall include the e-mail address of the person to whom the document was sent.
(B) 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 "trial attorney" designated under rule 4906-7-11 of the Administrative Code. If a spokesperson has been designated under rule 4906-7-11 of the Administrative Code, service upon the spokesperson constitutes service upon all of the persons in such group.
(C) Service upon an attorney or party may be personal, by mail, by facsimile transmission, or by electronic message. 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 other papers in the proceeding, the term "last known address" means the address set forth in the most recent such pleading or other paper.
(3) Service of a document to an attorney or party by facsimile transmission may be made only if the person to be served has consented to receive service of the document by facsimile transmission. Service by facsimile transmission is complete upon the sender receiving a confirmation generated by the sender's facsimile equipment that the facsimile transmission has been sent. The sender shall retain the confirmation as proof of service until the case is completed.
(4) Service of a document by electronic message to an attorney or party may be made only if the person to be served has consented to receive service of the document by electronic message. Service by electronic message is complete upon the sender receiving a confirmation generated by the sender's computer that the electronic message has been sent. The sender shall retain the confirmation as proof of service until the case is completed.
(D) For purposes of this rule, the term "party" includes all persons who have filed notices or petitions to intervene which are pending at the time a pleading or paper is to be served, provided that the person serving the pleading or other paper has been served with a copy of the notice or petition to intervene.
4906-7-06CaseNo.86-1440-GE-BRO; Eff 12-27-76; 6-10-89; 12-15-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4906.03
Rule amplifies: RC 4906.06, 4906.10, 4906.07
R.C. 119.032 review dates: 11/10/2008 and 09/30/2013